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HomeMy WebLinkAbout821151006 Eagle Mgmt Plan 81/26/2006 12:57 2062207073 CGD13 PAGE 05/15 ;;. WASHINGTON DEPARTMENT OF FISH AND WUJ)LIPE 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 98107 Pronetjf T~ Parcels #821151005 and #821151.006. Township 28 North, Range 1 East, Section 15, SE ~ of NE %, Jefferson County. Pendmg ..\~ Residential development: InstaIIation of a driveway and septic system. Construction of a single.. :fBmiIy residence and detached garage with a l-bedroom Additional Dwe:lling Unit. FACTORS CONSIDERED 1) Landowners goals were considered through a review of proposed site development. One site visit was conducted on the property with the landowners in 2002. They wete previously notified that a Bald Eagle Management Plan would be required for the ptO~rty. During the site visit recommendations were made to allow development whfie protecting the significant eagle habitat on the property. No flnali7..ed site development plan was reviewed durlng this initial meeting. The finaHzed site development plan was recently provided with a copy of the Master Permit Application. A few phone conversations were conducted with the landowners to reriew the proposed development. ., ,.- . 2) Bald eagle habitat use was considered by analysis ofterrltory integrity through time, current surroltt1.ding habitat conditions, a review of other eagle plans developed fOr the territory, and the CUJTeD.t status of the population and scientific literature concerning bald eagle habitat p:roteotion. B~CKGROUND The Tala Point Bald Eagle Nesting Te.r.ritory is located in Je:f:Ierson County, east of Port LUdlow along the Hood Canal (Fjgure 1). The recent history of the Tala Point territory has been one of conversion from a semi-remote timbered peninsula to a increasingly subdivided area where ~ considerable portion of the suitable bald eagle habitat has been altered by timber cIea.rip.g t;md . residential development. The Washington Department ofFish and Wildlife (WDFW) has.been monitoring this territOI)' since 1983. A total offour dlf:ferent nest trees have beendocuineD.ted 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 of the shoreline along the Hood Canal. This nest was first reported in 1983. The nest tree is a grand m tree that waS reported as .' 01/26/2086 12:57 2062207873 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 off below the multiple top. Landowners in the area reported.an osprey nested in the ttee 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 bro~en top of Nest Tree #1. An osprey P4ir nested in this nest during the 1994 and 1995 nesting seasons. Nest Tree #2 is located approximately 300 feet south and sligbt1y east of Nest Tree #1. This nest was also reported in 1983. This nest was located in the top ofa Douglas:61 tree. A total of seven young were produced in tbis 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 1.993 aerial survey. This nest was located on the top ot a double-topped grand .fir tree which is within 100 feet of two houses which 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 tbis nest on April 13, 1996 but it was later oon:6nned that the eagles &ited at their nesting attempt. This nest bas been destroyed and there is cmrently only a few recant sticks remainfug in the tree. The Tala Point bald eagle pair constructed Nest #4 prior to the 1997 uesting 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 north.weSt of the location of Nest Tree #2. This nest is located along the shoreline in a dominant broken-topped Douglas fit tree. ' The WDFW observed an adult bald eagle in incubation posture on tbis 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 pail' bad :tailed at their nesting attempts at Nest #4 for the 1.998 and 1999 nesting seasons. The eagles were confinned nesting in Nest #4 during the 2000 nesting season. On Juu 15, 2000 it was confirmed by WDFW that one eaglet was successfully produced at the nest. Durlng the 200 1 and 2002 nesting season~ Nest #4 was documented a.s the active nest. Two young were documented in the nest during tb.e 2001 season. DUe to :6mding 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 aerl,al survey of the territory was conducted in 2003 so it is unknown if the eagle pair actively nested at Nest #4 on.ce 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 co$in.ed Nest #3. The landowners who live on the property ha.~ reported seeing adult bald eagles oCt'JaSionaUy at this nest tree. The nesting activity for the ~OO4 season is unknown. During an aerial survey conducted on April5~ 2005, an adult eagle was observed in incubation posture on Nest #4. Two adult eagles were also observed perched o~ a tecentJy repaired Nest #2. This observation con1irms that there are two eagle pairs 9CCupying the TaJa Point area. The WDFW Data Systems staff has been notified to split the Tala Point.Territory into two distinct territories. The ea..~ side of the point, containing Nest #2, will be refi!rred to the TaJa Shores Bald Eagle territory .in the future.. Productivity surveys were not condutted:tbis season SO the number of young produced at Nest #4 is unknown. The osprey pair was obserVed on their nest within the TaJa 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. . ~. . 81/26/2086 12:57 2062207873 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 putCha5ed each .66--acre parcel on the east side ofTaIa. Point in 2002. During the process of the feasibility study fur the property they were referred to the Department of Fjsh and Wildlife for consultation about a Bald Eagle Managetnent Plan. Consultation with WDFW took place prior to the actual purchase of the property. A site visit was conducted on the property. Specific conditious of the management plan were discussed in coordination with review of the proposed site development. The parcels are located southeast of the tree which contai11s the documented bald eagle Nest Tree #2. The nest tree is approximately 384 feet from the west property line (Figure 3). The nest tree is visible trom some locations of the Greene property. The Jot presently conta.ios a mix of mostly coma 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 fiUrly dense under stoty vegetation throughout the entire property. Important bald eagle 'perching habitat has been documented along the shoreline of the property. Other siguifi~ eagle habitat that existS on the property includes the buffering habitat around the nest tree and all rerrm.m1ng screeniDg vegetation between the nest tr.ee and any proposed home location. There is a documented creek that is located within the eastern portion of the property. The la1.idow:ners have obtained all 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 of the creek. The Greene property p~y contains no existing structures. The Ja:ndowners now intend to initiate plans fOr development oftha property. 1'hey have submitted a Master Permit Application to the Jefferson County Department of Cornmlmity 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). Th.ey propose to instaU a driveway on the property that will initiate from TaJa Shores Drfve in the northwest comer of the property and WI'1 terminate at a parking area located just west oftha bridge (Figure 5). The proposed driveway and septic drainf1el~ have been located to avoid the removal of all conifers, with the eJlception of one small western hemlock tree. Mf. and Mrs. Greene are proposing to constmct a 2-bedroom single-fiunily residence on the property just east of the creek (F'JgUre 5). The residence is located approximately 614 teet :from the nest tree. They will also be constructing a detached garage with a l..bec1room Additional Dwelling Unit above this garage structure. This building is pro,posed for construction directly south of the patking 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 developriiem plan that requires minimal ttee removal on the property. They followed the WDFW recommeri~on to conduct a tree survey of the property and have situated proposed development to protect as many trees as poSSIble on the site. Ver.y few s1gninCl'Qt trees will need to be removed for ' installation of the homesite and garage. A total of 5 conifer trees will need to be removed for construction. of the residence. Fortunately, only one of the larger mature conifer trees on'the pro,petty, a 24-inch western red cedar, will have to be removed for the proposed development. A small alder tree is the only tree that will need to be removed for construction oftha deta6hed garage. Significant matme conifer trees along the shoreline and within the southern t/3 ofthC property will be retained. The landoWl1e1'S intend to obtain permits for tbe septic system . .installation and construction of the garage wI ADU in the next few months. They will co~e ,..:- 01/26/2006 12:51 2062201013 CGD13 PAGE 08/15 , these development activities in the Spring/Summer of2oo6. The P.lBw:uy residence will be constmcted at a later time in the futm:e. The intent of this plan is to allow fat the proposed developm~nt of the Greene property while mainblim11g the long-term integrity of the documented Tala Point Bald Eagle Territory. A concern of the WDFW is the protection of the buffering habitat around the neSt tree, bald ~ perching habitat, and potential alternate nest trees which exist on the property. Previous land clearing in the area may have removed valuable buffering habitat around tb.e nest tree and known bald eagle perch trees or potential nest trees. The clearing could have also jncreased the risk of blow"down to 1'b: nest tree and adjacent signi:6cant habitat. Timing restrictions will be recommended to miniwUe 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 babitat previously removed, along with providing supp1emental buffering of the nest tree and future bald eagle habitat. The landowners have exhibited a d~ to protect the local eagle pair and the s.ignificant bald eagle habitat that is lot;ated on the property. CONDmONS The foDowtng conditions apply to protect bald eagles and their habitat: 1) The proposal to i$al1 a septic system on the property, as shown on the site development plan, sba1l 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, sha1l be aDowed (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 septi.c system. All trees proposed for removal on the property are shown on attached Figure 5. 5) The proposal to remove understory vegetation and selected trees within tb.e areas pre~~ for development shown on Figure 5 shall be allowed. All clearing shaH be in .compliance witb. Je.tmrson County regulations, the Drainage and Erosion Control PIan, and the Hydraulics permit developed for the property. '. 6) The selective removal /trfmrning of understory vegetation, the selective rem.oval of.bar,dwood trees, and the Umbing of conifer trees shall be allowed to achieve and maintain water views in the future. No more than 30% of the live crown ofa conifer tree s.balI be removed. . 7) Danger trees may be removed ittrees are identified as hamdous 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 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. 8) It is ~mOleJ!4!4 that no heavy equipment operatio~ clearing~ tree cutting, outside home construction, or burning sball occur during the bald eagle breeding and nesting season from Februaty 1 - August 15 ofany given yeat. Timing restrictions shall not be required for a given year if it may be detemlined that the eagle pair are not actively nesting at the nest or within 800 feet oftbe property. Ifan eagle does not show signs ofincu'batbJ,g 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 l}l1Mfied biologist. .... Special note: The WDPW is no longer reauirin2 timing restrictions but has requested that the landowner work cooperatively to minitul7.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 QDd WDFW shatl develop a plan to minimi7.e disturbance and potential h:npacts to the eagles. , 9) The WDFW :mcommends no di$charge of firearms, :fireworks, or explosives during the bald eagle breeding and nesting season. from Februaty t - August 15 of any given year. 10) A total of two dozen (24) live conifer tree seedlings shalt be established on the property. The seedlings sbalJ. be: . At least 2.0 age class. - A mix of Douglas fir, gOmdAir, and western red cedar. - Planted within one year of home completion. - At least 12 of the conifer seedlings sball be planted within the NW portiOn of the proPertY to supplement screening of the nest from proposed development.. Other seedlings shall be planted in areas determined by the landovvner. 11) No further subdivision of the property shan be aUowed. mSlJFlCATION !he J~downers were granted approval to develop property located within 400 feet of an Id:ntffied bald eagle nest tree due to the fact that the tree containing Nest #2 is located on the adJa,Cent property. The WOFW recognizes that the landowner be granted reasonable'uSe of the pr~perty. The WDFW worked closely with the landoWDer to minimize impacts of proPosed . dc:ve~pm.e~ The 1ando~ bas agreed to comply with recommended timing restrictions to miDiroize disturbance to nesting eagles. The landowner has made a diligent effort to minitni~ tree 81/26/2886 12:57 2862287873 CGD13 PAGE 18/15 removal on the property and 'Will be planting conifer seedlirtg.cl to improve screening and provide fUture bald eagle habitat. DURATION or PRQ.TECTION This plan applies to the landowner who signs the plan. If the ownetSbip changes, the new landowner may sign the plan or request a new one to reflect a change in land use. Since eagles retI11.'n to the same traditional use areas each ye&l'$ the conditions of this plan shall apply indefinitely unJess a breeding teoitory has beei11.1t1OOCU.Pied by a breeding pair ofbald eagles for 5 consecutive years. If the breeding territory is unoccupied by a bald eagle pair fur 5 consecutive yeatS. then the WDFW biologist and the landowner should evaluate the continued need toJ: protection of the bald eagle habitat. , If'an eagle does not,show signs offncubating eggs by May 1, then the recommended timing restrictions do not appJy for that year. Surveys shaD be done by a qualified w:ild1i:fe biologist. Please contact the WDFW nthe eagles change the location of their nest. Do not assume that the conditions oftbis plan no longer apply. REVIEW ~ AMENDMEN'J.: This plan wID. be subject to the fonowing review and atnendment procedures. The plan may be reviewed periodically by the Washington Department ofFish and Wflcllife (WDFW) to determine whether: 1) the plan requites amend:m.ent in response to chattgju.g 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 ofWDFW actions according to the Adt:ttinistrativ Procedutes Act, Chapter 34.05 RCW~ and the Model Rnles of Procedure, Chapter 1 0.08 WAC. Such a request shan be filed with the Department within 20 days of receipt of the contested WDFW decision. The appeal ~.sball clearly state the relief sought and the grounds for the appeal. .. . COMPLIANCE Failure to comply with. this plan constitutes a.misden1eanor as set forth in RCW 77.15.130. . However$ compliance with tlUs plan does not ensure compliance with the Endangered Species Act or other fuderals state or local laws. . This p~ applies only to the proposed .land use listed above. ~ other proposals mayl:ie subject to a different set of conditions. It is the landowner's responsibility to notifY the Washington Deparfn1ent ofYJSb and Wildlife (WDFW) of any new proposed Jand use activities. 61/26/2666 12:57 2662267673 CGD13 PAGE 11/15 Plan. drafted by Shelly Ament, Wildlife Biologist, Washington Department ofFish and Wildlife, P.O. Box: 1933, Seq~ WA 98382. (360) 681-4276. , 81/26/28B6 12:57 2862287B73 CGD13 PAGE 12/15 ~ WAS~GTON STATE DEP~lMENT OF FISH and ~DLIFE Bald Eaele Site Management A2reement On behalf of the people of the State ofWuhington, to whieh its wildHfe belo..gs, the foDowing agreeJDeDt is herebyenaeted for the p.rpose of protecting Bald eagles aDd their habitats. The LandOWJlen and Wasbington State Department ofFish and WildUfe agree to the eonseI'Yation measores des~bed in the attached Site Manageme~t. Plan. Site Name: Tala Pomt #689 Legal Description of proposed project: naN, RlEt Seetion 15 The undersigned hereby agree to the terms of the Bald Eagle Site Management Plan. t) s: a",...i!. 2) &.t!!.&Je..... Landown (print) ~,..fti't.. ~.:P14: Phone Number ol~ IVttJAldOd-Jf-7f/1:h Address ~. wA- 9rl()~ City, State; Zip The State of Washington, Department of Fisla and WildUfe i:=:~& ~~!t,~ ~f: I-'-g' Wildlif'difulOgist Date . . . '. J It, /(Ji.J Date ~ ~ Region i[Jf~(~K.. County 2.- Priority Inspected By ". Date 01/26/2006 12:57 2062207073 CGD13 PAGE 13/15 R 1 W 45~1 ~60 l.n/ft ~ ~) i! irs ~ ~J.. ... i ~ Ii.. IiB\ I \\ 'fi 'S ". ~ L -" (-." ttl\ ~ ~~~ I~~ ~ ~'.~:~~j 'i \. ~ ~-II 30\ 29 JilhbsL ~ ~ 11 1 ~ ::\ ) ~~ :1') ~ 'I ..., I C"1f I ~::!mjh:i;r: ... ,~.... . ..... Il~1 ::: .:::~:; 33 ~ 1-7-'4 35 :: : E: 'J,. ,;i:: :;;H . - .. 't: ./f\. .... 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I \ I r \ ." 0:: '. 1 1 FIGURE 1. D-e .IocatiOJi ....It.be Tala Point Bald Eagle Nesting Territory, f.J .! . . Jefte....n Connty . -(!l3 'I ~ !f~~~:il~;;JT')' ij2;;;"V-.l'ijl 'f-"..+., ~''''i '1550R1E 21; I ,37 3 4 01/26/2006 12:57 2062207073 CGD13 PAGE 14/15 1ElllD1I8 .~. __JlCOLWrY AlENT DI!lA:IM'J!m.ASPQ 78 Aa .... CMMb 4112:188 POICI' I.UDLDW TALA POINT BALD EAGLETERRITDRY (OCCURRENCE 888) OllER..... ..........8HDWNRMI...... - BJCE. &EE1llMiRCEA2R 1llAllAKE1SID1NC01Ir. NSlSTENCIES COMPARE1HIS MAP TO YOUR PERSONALlREQIONAL FIELD MAP AND REPORT '. J SIDIOOOR .',' . ..J ~. .t..~ " " o _ ... ~ FEEt lDliOaON . ..l~ toLlO IJNI5 SfIOWS PHS ItAmrAT POL'lOON. POLYGON EXTENDa OIJf8.h)E DmPLAY.f:D 1IAI>EJCr.Eto'. " 88g..a TAlAPO.INr ~1ES1G BALDE'AGU;NE'SJ'j L~TED8OFI\B1''' A801Jr 110"'1N1lP1tlPOF~FlAT.TOPI"ED 47lA!;~1--'111~ ..... · 8. WDIW OCC DOUG ARJUSrNOF\\flEREP.AVEUBfl'EllbSONWSIOEOFElRAVB.RUANO AECafrCl.EAft. -.... -- I,I.Msan1 E5S0711181\f 1Ne.1IJ83.NmtPAFll1AL1.YBLOIIIINotrf. --~.~1O ~ ~~~~.lW~~~ ......f4~~. ~ 1Ro~-ClW_"".......~~-~:uvr:_ . ....:' P~t2lI TAlAf"OWr"0SfIR&V1'IHIrrORV ., ,,J' FIGURE 2. The location of the Ta_ Point bald cagle IlQt trees. . . 01126/2086 12: 57 2062207073 CGD13 PAGE 15/15 . ..... -. ..... ..1_........-..- Figure 3 ,,- ~:t, Hi' t;Af.6UliuT...---- -.. 9a.c,p Uti"", ~~U 'I>> A~t ~I/Kt(D1t4ll _. _14. @ .. ~ -fi. -,. r"L.(ft.. i [~'~~'~'~'I' ~-.QP i 3 ~LU: "" _ "'T. U5l !'A~ · - --- ~ ~.. ' ~ (, ~ tar @) (illtlb UtlrJ4l.1- ;:(E. "I' to ... Ai" .. ....:-.. 'll~~'_... -............1' LbT ~ 1 :&L...f.-.. ........ ... ..,SIo1 ~... ~ \ ..'; C4\C.tAloI.41J t.. "i'::'1Ib~~r7A" VJT (fD .. '" 4. .. I . ___.. ____..... .... "'~.."_" __.... J ~ ~HWJlJtTy ~'Z""6'I<:G".tl;! lAj (/D) .. ~ ~, 1 4" ____ ' , I.. ~.. _~@.._ : L.tJ f ai) J .. _ ~. I . UcUmft7ba,. LOT ~ tl~~.~.. :JItf 11' ~. -. .. ~'_ (0 - =-= &ur jH!,;'-"I. I':. L.t:>'r dil ~",'~.u+ls.L1 ~'J r . ~~_ ~ ~ ~...,.... ,J.lUUdj'tJrD If,) "" t. ~-...Jq\v"''l.f::,,"12'''---''''- I AT ~ ~1t'PLe ~..... ....... - -- - - ...... r.eJ} ............ I J; ". "", ., t . .....J, k za Ir-HF-I-f '\ : , ~,~ 45'4:)1' oj: To 1af4T6~ -. I 2~ :t J"~ .. 'eu.WDN _1 to.......: J~tl.p ...... - ----.......--- \,~ ~ -... ~ oM --. NEST TREE #2 -- ... .....1' '" a ~ - ,....... 3g,,\ "'\ GREENE PROPERTY ... tATLD '.. --41 . ........- ... ~~ . ~.-- - AL4 ~ :t M' Wt'1lf PLAT tiP mN ~r&'-'O.&to~ ~..__ I ~___:.. :---..,--~=-----..~ ~ NO 9c:041.E t . p.m ~ ',' e. JJi~:Z-- ......... "'<<.""Y ."""Ii~ ~~.. ~"A.ti ~ """J FIGURE 3. TIle Joeatiob olthe Greene property within the TaJa Poi.t Bald Eagle. Territory BQd tile Joeation of bald eagle Nest Tree #2.