HomeMy WebLinkAbout702254013 Eagle Mgmt Plan
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Washington Department ofFish and Wildlife
Bald Eagle Site Management Plan RECEI\lE n
RCW 77.12.655 .1-
WAC 232-12-292
AUG - 3 2007
JEffERSON COUNTY OeD
Eagle Territory: Quilcene Bay # 230
ADolicant
Port of Port Townsend
375 Hudson Street
POBox 1180
Port Townsend, WA 98368
Prooertv
Parcels # 702 254 013: 702 254001 and
702 254 008, Township 27 North,
Range 2 West, Section 25, SE ~,
Jefferson County.
Pendint! .Activitv
Quilcene Facility community septic system development. Construction of a road to
access the septic drainfield area (completed prior to development of this plan).
FACTORS CONSIDERED
1) Landowners' goals were considered through a review of proposed construction .
location shown on attached site map. Consultant Kenneth D Gilbertson conducted
a field. visit on May 22, 2007 to review proposed site development with contractor
Doug Reeves. Additional site visits were conducted by consultant Kenneth D.
Gilbertson in May and June, 2007 to determine eagle tree location and condition
of adjacent mature timber stand. On June 12, 2007 Consultant Kenneth D
Gilbertson met with Jim Pivarnik, Port of Port Townsend at their Port Townsend
office to review proposed project specifications. He also met with the septic
system designer, Michael S. Deeney, to discuss the proposed septic system
~~fun .
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 Quilcene Bay Bald Eagle Nesting Territory # 230 is located on the west side of
Quilcene Bay, .Jefferson County, Washington (Figure 1). The territory is 2 miles south of
Quilcene. The territory has been monitored since 1990. There are 3 documented nest
trees within the territory (Figure 2). Nest # 1 is located in the top of a live flat-topped tree
that leans towards shoreline on small narrow ridge, directly upslope of end of pilings. The
occupancy and productivity of nest # 1 was observed yearly from 1990 to 2002. No
surveys were completed in 2003 and 2004. In 2005 an adult bald eagle was observed
Page 1 of8
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perched in tree with nest unoccupied and not repaired. No survey was completed in 2006.
During an aerial survey conducted by WDFW on May 3, 2007, Nest #1 was not located.
Nest # 2 was located by Shelly Ament, WDFW, during aerial survey on April 11 , 2002.
The nest located on the top of a very large prominent Old Growth Douglas-fIr tree with a
circumference of22 feet, 9 inches. The nest tree is inland from the Quilcene Bay Marina
about 1000 feet. It'is located on the south side of a steep side sloped west to east trending
stream drainage. The nest was unoccupied and not repaired, most likely pr~sent for a few
years. No surveys were completed in 2003 and 2004. The nest was observed to be un-
repaired and unoccupied during helicopter survey on AprilS, 2005. No survey of the
territory was conducted in 2006. On May 3, 2007 during an aerial survey conducted by
WDFW, this nest was observed to be occupied by 2 nesting osprey. On June 22, 2007,
consultant Kenneth Gilbertson observed two ospreys perched at Nest #2. The Quilcene
Bay Nest # 3 was located during a WDFW helicopter survey on April 25, 2005. The nest
tree is a large dominant, full rounded top Douglas flf. The nest is 10 feet down from the
top on a large over-hanging limb that faces to the east. Two adult bald eagles. were
. observed perched in the tree. It is unknown if young were produced at the nest. No
survey of the territory was conducted in 2006. Dur~gan aerial conducted by WDFW on
May 3, 2007, an adult eagle was observed in incubation on Nest #3. The number of
young produced at this nest for the season is unknown.
The Port of Port Townsend owns 3 contiguous parcels totaling 54.80 acres within the
Quilcene Bay Territory (Figure 3). Nest tree # 2 is located within the north portion of the
property. The Port of Port Townsend property consists of developed sites along shoreline
that include public boat launch, marina, manager residence and office, oyster processing
facility, storage area, public beach, restrooms and shower facilities. The Port property
directly to the west of these facilities consists of sloping to the east timbered shoreline
bluffs. There are two incised timbered stream drainages that flow into Quilcene Bay.
These streams flow from the southwest to northeast through the acreage. The south
drainage was flowing water on June 22, 2007 and the drainage to the north was dry.
There are timbered moderately sloping areas along ridge tops within the Port acre.age.
There are two distinct timber stands within the forested acreage. Starting approximately
150 feet to the south of nest tree #2 are 25+/- acres of30 +/- year old mixed conifer and
. hardwood trees. There is a mixture of Red Alder, Big Leaf Maple, Black Cottonwood,
Western Hemlock, Douglas fIr, Western Red Cedar and Bitter Cherry. The average DBH
is 10 inches with some larger dominant trees 15 inches DBH. The remaining acreage is
forested with predominantly mature Douglas fir, Western Red Cedar and Big Leaf Maple.
The area of the drainage where nest tree # 2 is located is a high timber-growing site.
Second-growth Douglas fir trees over 4 feet DBH and 200 plus feet in height were
observed surrounding the nest tree. There are also very large Western Red Cedar and Big
Leaf Maple surrounding the nest tree #2.
Nest tree # 2 is very visible from the Quilcene Bay Marina and associated facilities. You
can observe the two ospreys perched on top of nest tree at times. The nest is also visible
from portions of the access road and will be visible from some of the areas to be cleared
for drainfield. There are at least three medium size nests of smaller branch construction
observed in Red Alder trees about 200 feet to south of eagle nest tree # 2. The project
Page 2 of8
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contractor conveyed that these are crow's nests but WDFW is suspicious that they are
heron nests. No .nesting activity was observed at .any ofthe~e nests during the 2007
nesting season. These nests require protection and the consultant developing this plan
and WDFW are concerned that road construction (without prior review and approval)
may have led to. the abandonment of the nests.
In May 2006 the Herb Beck Marina in Quilcene had to close the shower and public toilet
facility due to septic problems. The existing drainfield for the facility was a 4-inch pipe
that flowed onto low-lying area adjacent to Quilcene Bay marine shoreline. A new
drainfield site has been proposed on Port of Port Townsend property approximately 600
feet to the west of toilet and shower facility (Figure 4). This site is on a bench 200 feet
above and approximately 1000 feet west of Quilcene Bay shoreline. The drainfield site
plan covers 2.59 acres with 0.22 acres to be installed in 2007 (Figure 4). This design
allows for future expansion as needed. An access road has been constructed from the
marina to the proposed drainfield site. This road was constructed prior to any
. consultation with Jefferson County or the WDFW. The Port of Port Townsend did not
follow the required permitting process for this proposed project. They should have
obtained a Bald Eagle Management plan prior to construction of this road. The WDFW
would have requested a modification to the road location near the nest tree and would
have wanted minimal clearing and tree removal. The road will be gated to prevent public
access to the area near the nest tree. No activity is anticipated at the proposed drainfield
site following installation. However, if there is a system problem some work may need
to be completed at the site.
On August 1, 2006 Dr. Thomas Locke, Jefferson County Public Health Department
received a letter from Dora Whittaker, Citizens Advisory committee concerning public
health and safety in south Jefferson County. Their concern was that the closed toilet and
shower facility was used by at least 12 people per day in winter by people who do not
have shower facilities in their homes. In summer it is not unusual to have 100 to 150
. people a week using the facility. People do not have the ability to wash off following
. swimming, clamming, gathering oysters and fishing. They are also concerned about
pristine close proximity oyster beds. In June, 2007 The State of Washington, Department
of Public Health came to the facility for an inspection and has threatened to shut down
more septic systems on the shoreline because of public health concerns.
The intent of this plan is to allow for the proposed Quilcene Marina, septic system repair
and expansion project on Port of Port Townsend property while maintaining the long-
term integrity of the documented Quilcene Bay Bald Eagle Territory. A concern of
WDFW 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.
Page 3 of8
CONDITIONS
The following conditions apply to protect the eagles and their habitat:
1) The Douglas-fir tree located on Port of Port Townsend property that is
documented to contain the Quilcene Bay 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 tree.
3) The proposed installation of a septic system drainfield at location shown on the
site development plan shall be allowed. (Figure 4). The area proposed for the
drainfield shall be flagged prior to clearing. The consultant developing this plan
will conduct a site visit to review the site.
4) The debris and slash from the area cleared from the proposed drainfield shall be
distributed on previously cleared areas or shall be hauled from the property.
5) The proposed extension of buried utilities from shoreline facilities to drainfield
location shall be allowed. (Figure 4).
6) The construction of an access road to the proposed septic system expansion area
shown on site development plan shall be allowed (Figure 4). (*Special note -this
access road was constructed prior to development of this plan).
7) The road to the drainfield area shall be gated and access shall be restricted to the
public. The Port of Port Townsend shall to install and maintain ''No Public
Access" signs at the gate.
8) 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.
9) It is recommended that no heavy equipment operation, clearing, tree cutting,
septic system installation, or burning shall occqr 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 reQuirin2 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
Page 4 of8
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 - 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.
The WbFW and consultant developing this plan have confIrmed that an
osprey pair is nesting at Nest #2 for the 2007 se~son. The WDFW
recommends that the drainfieldconstruction. occur after it is confIrmed
that the young osprey have fledged from the nest. However, the WDFW
understands there is an urgent need to complete this project.
10) The WDFW recommends no discharge of fIrearms, frreworks, or explosives
during the bald eagle nesting season ofFebrwrry 1 to August 15 of any given year.
1 I) A new Bald Eagle Management Plan or an amendment to this plan shall be
required if any future tree removal or development are proposed on the Port of
Port Townsend pr~perty.
JUSTIFICA TION
The Port of Port Townsend was granted approval to install a drainfield for their Quilcene
Bay Marina facilities and Coast Oyster Company facilities approximately 200 feet from
Nest Tree #2 because this is the only feasible site available. The septic designer has
. conveyed that the soils at the proposed drainfield site are optimal and will allow for least
initial clearing. This site will also allow for minimizing the chance for system failure that
would require subsequent repairs (see Attachment 1). The consultant worked with the
landowner to allow for minimum disturbance of bald eagle habitat for the proposed
development. WDFW and the consultant recognizes the importance of moving the
drainfield away from the marine shoreline ofQuilcene Bay, oyster processing facilities, ,
public boat launch and dock and public beach.
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 'ofthis plan
shall apply indefmitely 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.
Page 5 of8
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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 WD FW to determine whether: 1) the plan requires
amendment in response to changing eagle and landowner circumstances; or, 2) the teims
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 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 misderp~anor 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 oftheWDFW, P.O. Box 1933,Sequim, WA 98382 -360.681.4276.
Page 6 of8
WASHINGTON STATE DEPARTMENT OF FISH AND WILDLIFE
Bald Eal!le Site Manal!ement A2reement
,
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: Quilcene Bay # 230
Legal description of proposed project: TWP 27 N, R2W, Section. 25, SE 1/4
The undersigned. hereby agree to the terms of the Bald Eagle Management Plan
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