HomeMy WebLinkAbout901051018 Eagle Mgmt Plan
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Washington Department ofFish and Wildlife ! i \ ,
Bald Eagle Site Management Plan '
RCW 77.12.655
WAC 232-12-292
OCT 2 820ft
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Eagle Territory: Four Comers # 91
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Applicant
Michael J. Felber
Karen L. Hackenberg
670 Adelma Beach Road
Port Townsend, W A 98368
Property
Parcel # 901051 018
Township 29 North, Range 1 West,
Section 5, NE1I4
Jefferson County, Washington
Pendinl! Activitv
Residential Development: Constructing access road, clearing two acres of mature conifer
trees, construction of a single family residence, construction of two studio buildings,
installation of a 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 has
conducted two field visits in 2008 to review proposed site development with
landowner. Shelly Ament ofWDFW met on site with the landowners in early
2008 to review proposed property development.
2) Bald eagle habitat use was considered by analysis of territory integrity through
time, current surrounamg habitat conditions, potential for blowdown, current
status of the bald eagle population and scientific literature concerning bald eagle
habitat protection.
BACKGROUND
The Four Comers Bald Eagle Nesting Territory # 91 is located on the east side of
Discovery Bay (west side of Quimper Peninsula) approximately one mile south of Four
Comers, Jefferson County, Washington (Figure 1).The nest tree is located east of
Highway 20. The territory was first documented in 1989. There is one documented nest
trees within the territory (Figure 2). The nest is located in a Douglas-fir (pseudotsuga
menziesii) about 105 feet in height and about 40 inches diameter at breast height (dbh).
The nest is located about 97 feet above the ground.
The nest tree has a broken top and the eagles formed a nest platform on the large
branches near the top of the tree. The most recent aerial observations indicate that the
nest tree is dying. The nest tree is approximately 240 feet above sea level and 1350 feet
east of Discovery Bay shoreline. The nest tree is located on the southern edge of a fairly
Page 1 of8
open conifer stand with scattered mature Douglas-fir and western red cedar (Thuja
plicata). The understory was commercially thinned in the late 1980's. The occupancy and
productivity of the nest was observed yearly from 1989 to 2002. No surveys were
completed in 2003 and 2004. On April 11, 2005 during an aerial productivity survey an
adult eagle flushed off the nest and chased another eagle out of the area. One egg was
observed in the nest. No surveys were completed in 2006, 2007 and to date in 2008.
On January 24, 2007 Karen Hackenberg and Michael Felber purchased 44.96 acres
within the Four Comers Bald Eagle Territory (Figure 3). On October 23, 2007 they had
two new parcels established through a boundary line adjustment. Parcel A (36.81 acres)
is being developed for their residence and studios. Parcel B (8.15 acres) is currently being
offered for sale.
Ms. Hackenberg and Mr. Felber have lived at 670 Adelma Beach Road on Discovery
Bay, a short distance north of this site since 1996. They have developed a deep
appreciation for the ecosystem of the bay, timbered marine shoreline, and associated
wildlife. Both Ms. Hackenberg and Mr. Felber are artists who paint images of the wildlife
around them. Having lived on the shoreline, they have educated themselves about
shorelines and wildlife issues and strive to preserve wildlife habitat and maintain the
timbered shoreline stability.
Desiring to stay on the bay and to build a new home and studios, Ms. Hackenberg and
Mr. Felber negotiated with previous owner, Bill Marlow, for over a year to purchase this
property on Discovery Bay that meets their desire for space, light, forest and water. If
they had not purchased the property it was planned to be clear-cut and subdivided into
numerous lots. The main goal in developing this site for their home is to create a balance
between the southern light exposures that they need to live there while preserving the
land for wildlife. Applications are being submitted to place the timbered portion of the
property beyond 200 feet of shoreline in Designated Timber and remaining acreage in
Open Space classification.
Ms. Hackenberg and Mr. Felber plan to preserve intact most of their 36.81 acres and will
clear enough for their home and two studios plus some sunlight and views. They intend to
create a pond that will be used by wildlife and will be fed by and mitigate homesite and
driveway run off. They have delineated on the ground the boundaries of where they
intend to clear during the initial stage of their building project. Ms. Hackenberg and Mr.
Felber intend to thin some of the trees at a later date for the health of the forest, fire
protection, and for increased light to the homesite if needed.
One of Ms. Hackenberg's and Mr. Felber's goals is to preserve the larger firs that may be
significant for eagle nesting or purchasing, remembering that most of their property will
remain intact for all of the wild animals that currently live there, including the eagles.
Their 36.81 acre parcel south property boundary is approximately 500 feet north of the
nest tree (Figure 4). The proposed building site clearing is approximately I~Qg1eeL_____~--
northwest of the nest tree (FIgure 4). i i f'\ j
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The proposed homesite clearing is within 150 feet of the Discovery Bay marine shoreline
(Figure 4). Approximately 1.93 acres of clearing are being proposed for residence,
studios, pond and septic field. A total of 222 mature trees will be removed when clearing
the 1.93 acres. Tree species to be removed are 202 Douglas-fir, 10 Pacific madrone and
10 Western Red Cedar. The diameter range is from 6 inch DBH to 26 inch DBH. There
are 14 mature Douglas-fir with DBH's between 24 and 26 inches to be removed.
Approximately 1793 lineal feet of new road construction is proposed to access homesite
and adjacent parcel B. The proposed road location was designed to minimize removal of
larger conifer trees.
There is both an abandoned asphalt paved two lane road and railroad grade running north
to south through the site. Both the abandoned road and railroad grade are located between
proposed residence and Discovery Bay timbered low bank shoreline bluff. The
abandoned rail road grade is a utility corridor for power and water serving this site and
additional sites to the north and south.
A majority of the trees within the 36.81 acre parcel are mature conifer averaging 70+/-
years of age. The forest canopy closure is estimated at 75 percent. The estimated number
of mature trees per acre is 125+/-. The dominant tree species is Douglas-fir. There are
areas with a significant number of western red cedar. There are scattered Pacific madrone
trees closer to the shoreline. Scattered throughout the site are larger Douglas-fir and some
western red cedar. The average larger mature tree diameter is 24 inches DBH. The timber
stand appears quite healthy
The overstory trees between the shoreline and the old railroad grade right-of -way,
approximately 150 feet, are Douglas-frr, Western red cedar and Pacific madrone.
Douglas-fir is the dominant tree with scattered larger diameter trees along the shoreline.
The intent of this plan is to allow for the proposed development of the Michael J. Felber
and Karen L. Hackenberg property while maintaining the long-term integrity of the
documented Four Corners 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. 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
operations or outside construction within 800 feet of a nest tree or for timber harvest
operations within a ~ mile of a nest tree but has recommended the landowners minimize
disturbance during the bald eagle breeding and nesting season. The clearing for
development is greater then 800 feet from nest tree but a portion of proposed access road
through mature timber is within y.. mile of nest tree.
Page 3 of 8
CONDITIONS
The following conditions apply to protect the eagles and their habitat:
1. The proposed construction of 1793 lineal feet of an access road to the designated
building site shown on site development plan shall be allowed following permit
approval by Department of Natural Resources and Washington Department of
Transportation. The access road has been located to remove the minimum number
oflarger conifer trees.
2. The removal of222 trees and clearing for home site, detached garage, two
detached studio and septic system at locations shown on site development plan
shall be allowed (Figure 5). All tree removal and clearing shall be in compliance
with Jefferson County and Department of Natural Resources regulations.
3. The construction of a single family residence, detached garage, and two studios at
locations shown on site development plan shall be allowed following permit
approval by Jefferson County (Figure 5).
4. The proposed installation of a septic system at the location shown on the site
development plan shall be allowed following permit approval by Jefferson
County (Figure 5)
5. A new Bald Eagle Management Plan or an amendment to this plan will be
prepared at a later date to thin some of the trees for the health of the forest,
increase fire protection and for increased light to the homesite and studios if
needed. The WDFW recommends the protection of all conifer trees equal to or
greater then 24 inch DBH.
6. The selective limbing of multi-aged conifer and hardwood trees between the
proposed single family residences 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.
7. Future danger trees may be removed if trees are identified as hazardous by a
professional forester or certified arOOnst. A written report from the
forester/arOOnst 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.
Page 4 oC8
8. It is recommended that no heavy equipment operatio~ clearing, tree cutting,
outside home constructio~ or burning shall occur during the bald eagle breeding
and nesting season from February 1 to August 15 of any given year. 1ms
recommendation applies within y.. mile of a nest for road construction and timber
harvest and within 800 feet of a nest for heavy equipment use and development.
* Special Note:
The WDFW is no longer reouirin2 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 - 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 of firearms, fireworks, or explosives
during the bald eagle nesting season of February 1 to August 15 of any given
year.
JUSTIFICATION
The landowner was granted approval to develop approximately 1800 feet of the nest tree
and within 150 feet of the marine shoreline due to the fact that this site is the farthest
point on the parcel from the nest tree and significant bald eagle habitat has been
protected. WDFW worked with the landowner to allow for minimum removal 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 close to the shoreline.
DURATION OF PROTECTION
1ms 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 protec~-e-f-theJJald__~_.._
eagle habitat. II r"'~ Ii; ,r:; _._-;:.~
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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 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 of WAC 232-12-292 (7.1)-(7.3), the landowner may request
a formal appeal ofWDFW 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 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.
Page 6 of8
OCT 2 8 2007
WASHINGTON STATE DEPARTMENT OF FISH AND WILDLIFE
Bald Ewe Site Man82ement A2l'eement
On behalf of the people of the State ofWashlngton, to which its wildlife be19ngs, 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 mpnagement plan.
Site name: Four Comers # 91
Legal description of proposed project: Township 29 N, Range 1 W, Section 5, NE1I4
'3 , 0 ~'r S" <:J 202
Phone number
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Address
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City, State, Zip ,
The State of Washington, Department ofFish and Wildlife
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/iiegional Program Manager
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Date
OCT 2 8 2007
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