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HomeMy WebLinkAboutBLD2000-00790 Eagle Management Plan T I BALD EAGLE MANAGEMENT PLAN RCW 77.12.655 WAC 232-12-292 EAGLE TERRITORY Portions of Thorndyke Bay 507 and Thorndyke South 1103 APPLICANT PROPERTY Landowner: Olympic Resource Management Portions of Sections 13, 24,25 and 26 TWN 27N,RGE 1W,and Portions of Sections 18 and 19 Contact: TWN 28N,RGE 1E Thomas R. Gilkey Toandos Peninsula, Jefferson County,Washington Olympic Resource Management PO Box 1780 19245 Tenth Avenue Northeast Poulsbo,Washington 98370-0239 Phone: (360)697-6626 ext. 546 FAX: (360)697-1156 This plan addresses forest management activities on Pope Resources lands managed by Olympic Resource Management within one half mile of bald eagle territories 507 and 1103 on the Toandos Peninsula, Jefferson County,Washington (Figure 1). The proposed plan would not affect other bald eagle territories on the Toandos Peninsula,including: • Squsmish Bay#709,approximately 3.5 miles north of the plan area, • South Point#382,approximately 1 mile to the east of the plan area, • Brown Point# 130,east side of the peninsula, approximately 1.5 miles south of the plan area, • Tabook Point# 133,west(Dabob Bay)side of the peninsula,—4 miles south of the plan area, • Camp Harmony# 155,west(Dabob Bay) side of the peninsula,—4 miles south of the plan area. The plan allows Olympic Resource Management(ORM)to conduct forest practice activities on the Toandos Peninsula west of the Thomdyke County Road,even if within one-half mile of a bald eagle nest, without restrictions with respect to the Thorndyke Bay and Thomdyke South bald eagle territories. The plan provides restrictions for lands east of Thomdyke County Road that will protect existing bald eagle territories. Any future forest practices on the Hood Canal side of Thorndyke County Road that would not conform to this Bald Eagle Management Plan may require amendment of the Plan or development of a new plan. When a new territory,or a new nest location in an existing territory,is discovered,Olympic Resource Management will consult with the Washington Department of Fish and Wildlife(WDFW)to determine if an amendment to the plan is required to address changed conditions,and if so,will cooperate, with the department in developing an amendment. PENDING ACTIVITY Proposed House. Olympic Resource Management proposes to construct a residence approximately 200 feet east of Territory 507,Nest Tree 3 and 300 feet north of Nest Tree 4(Figure 2). Nest Tree 5,the most recently occupied nest in Territory 507,is approximately one mile northwest of the construction site. The proposed house site is not directly visible from either Nest 4 or Nest 5,although it would be visible from perches around the Thorndyke Bay estuary. Plans for the house have been submitted to the Jefferson Thomdyke South Territory 1103 and Thomdyke October 1, 1999 Territory 507 Bald Eagle Management Plan Page 1 � C 1 ` County Planning Department. The proposed building would use the existing septic system,unless it is found to be inadequate during the permitting process. Electrical and telephone services will be provided by buried cables to the residence. The building site is level and is clear of large trees. The site was formerly occupied by the caretaker's mobile home,but this structure has since been removed. Other outbuildings(including a boat shed),equipment,and debris may also be removed from the site. A concrete foundation would be cast and the building would be erected. The date of construction has not been determined. Additional clearing and land disturbing activities may occur, depending upon the final selection of the home site and review and approval by Jefferson County. The existing plans do not include removal of mature trees. If County review of the house plans requires modifications of construction plans that would require removal of trees greater than 6 inches dbh, ORM will provide revised plans to the WDFW Bald Eagle Biologist and develop an agreed-upon tree removal plan. Forest Practices. ORM proposes to continue ongoing forest management activities, including but not limited to harvesting,thinning,spraying,road construction,tree planting,and plantation management,on all of its surrounding lands west of Thomdyke County Road. ORM's near-term plans include: • harvesting 40 acres in the west half of the southwest quarter of Section 24,Township 27N,Range 1W, A on Figure 2, • harvesting approximately 23 acres in the northwest quarter of Section 24,Township 27N,Range 1W, B on Figure 2, and • spraying approximately 69 acres in Section 19,Township 25N,Range 1E,C on Figure 2. These forest practices activities are shown in Figure 2. No forest practices activities are currently planned in a Sensitive Zone adjacent to the Thomdyke Estuary on the Hood Canal side of the Thomdyke County Road. Any proposed activities in the Sensitive Zone will require consultation with WDFW,and may require revision of this plan. BACKGROUND Territory 507. Thomdyke Bay Territory 507 is located at Thomdyke Bay,Toandos Peninsula,Jefferson County,Washington(Figures 1 and 2). The site and its adjacent wetlands are closed to public entry. The Thomdyke Bay Territory has been monitored by Washington Department of Fish and Wildlife(WDFW) since 1979 and several nest trees have been used during this period(Figure 2). Nests 1 and 2 have not been detected since 1995 and have been removed(ZAed)from the WDFW database and PHS maps. Nest 3 was located in the dead top of a grand fir. The nest is no longer present(Ament 1999)but the tree retains sufficient structure to support a nest. Nest 3 has not been used since 1990. Nest 4 is located in a grand fir (Abies grandis)approximately 300 feet south of the construction site and 15 feet west of the bluff dropping to the beach on Hood Canal;Nest 4 was occupied from 1991 to 1995. Nest 5 is located in the trees along the northwestern edge of the Thomdyke estuarine wetland,near the point at which it transitions from a saltwater estuary into a freshwater wetland(Figure 2). Nest 5 was established in 1996 and produced young in 1996 and 1997,but not in 1998. Nest 5 was active in 1999 but did not produce any eaglets(Ament 1999). While the Thomdyke Bay Territory has been occupied for many years,the pair suffered numerous failures until an eaglet was fledged in 1996,and again in 1997. Bald eagles are observed in the area throughout the year. Currently a harvest is proposed in portions of the northwest quarter of thenortheast quarter and theeast quarter of the northwest quarter of Section 24,Township 2N,Range 1W,W.M.,and herbicide spraying in portions of the northwest quarter of Section 19 and the south half of the southwest quarter of Section 18,Township 28 North,Range 1E,W.M. (Figure 2). The property is zoned as Commercial Forest. No other buildings or improvements are currently planned for the site. The trees containing Nests 4 and 5 are within 200 feet of the Hood Canal shoreline,a Shoreline of Statewide Significance. No forest practices are currently planned for the shoreline area. Some of the large trees on the site, including Nest Trees 3 and 5, are within undelineated wetlands Thomdyke South Territory 1103 and Thomdyke October 1, 1999 Territory 507 Bald Eagle Management Plan Page 2 • r identified by the National Wetland Inventory Map,"Lofall"quadrangle. Territory 1103. Thomdyke South Territory 1103 is located in the south half of Section 25 (Township 27N, Range 1W)on the Toandos Peninsula,Jefferson County,Washington(Figures 1 and 2). The territory is centered upon a large(60 inches diameter at breast height-dbh)broken-topped grand fir located approximately 100 feet south of Pope Resource's southern property boundary and approximately 600 feet north of the Section 25-Section 36 common border. The tree with remnants of nest material is located on private property closed to public entry. Olympic Resource Management does not own any shoreline property for approximately 1.5 miles south of the nest tree. The nest tree is located at the edge of the bluff, approximately 100 feet above the beach on Hood Canal(Figure 2). Occupancy surveys by WDFW in 1996, 1997,and 1999 observed remnants of a nest in the tree. The initial nest for Territory 507 was reported in the vicinity in 1979 and Tree 1103 may be the initial nest tree in Territory 507. The tree retains sufficient branches to remain useable for nesting. Bald eagles are observed in the area throughout the year. No near-term timber harvest is currently planned for the shoreline along Hood Canal;however,Olympic Resource Management reserves the right to harvest in this area in the future. Harvests conforming to this • plan may proceed without further restrictions. FACTORS CONSIDERED 1)Landowner's goals were considered through a review of his site development plans,site visits including WDFW and ORM,and several office visits to review and edit the proposed management plan. 2)Bald eagle habitat use was considered by analysis of territory integrity through time and a review of current habitat conditions,current status of the population in the region,history of bald eagle activity on the site,and scientific literature concerning bald eagle habitat protection. CONDITIONS The following conditions apply to protect bald eagles and their habitat. Implementation of the measures described below will be based upon measurements from the actual nest trees, and not from assumed locations of nest trees on existing aerial photographs or maps. 1)Nesting Season-No Disturbance a. Forest Practices i. Inland Side of Thorndyke County Road(Figure 2),standard FPA rules shall apply to ongoing forest management actives,including planting,spraying,thinning,and pre-commercial and commercial harvest. On these lands,there will be no encumbrances on forest practices related to Bald Eagle Territories 507 and 1103. Spraying may occur within one-half mile of an active eagle nest on lands inland from Thomdyke County Road. ii. Hood Canal Side of Thorndyke County Road(Figure 2),forest management activities, including road building, felling, and hauling,shall not occur within 1,200 feet of an active nest during the breeding season from February 1 to August 15,except that such activities may occur after May 1 if the nest is determined to be inactive and following discussions with the WDFW. b. Proposed House Construction Site preparation and construction activities using heavy equipment such as earth moving equipment,and other loud and potentially disturbing activities,such as the exterior use of nail guns,shall not occur within 800 feet of an active nest during the breeding season from February 1 to August 15,except that such construction may occur after May 1 if a nest is determined to be inactive and following discussions with Thomdyke South Territory 1103 and Thomdyke October 1, 1999 Territory 507 Bald Eagle Management Plan Page 3 • WDFW. Selective removal of hardwoods and limbing of no more than 30 percent of the live crown of conifers is permissible in order to provide water views from the proposed house. Prior to the removal of any hardwood greater than 6 inches diameter at breast height(dbh),or limbing of any conifer greater than 12 inches dbh,an annotated photograph will be provided to WDFW Bald Eagle Biologists for review and approval. Following construction,typical household activities are not limited. c. Firearms and Explosives Firearms and explosives shall not be discharged within 1,320 feet(one quarter mile) of the active nest during the breeding season from February 1 to August 15 in the year the nest is occupied. 2)Harvest Restrictions To Buffer Nest Trees a. NO HARVEST ZONE No harvest will occur in the areas described below and shown in Figure 2. All Douglas-fir,grand fir,Sitka spruce, and western red cedar will be retained. Should harvests be proposed in these areas,an amendment to this plan or a new plan may be required. No harvest zones include: i. No Harvest Zone within 400-foot buffer around nest trees Retain all trees within 400 feet of Territory 507 Nests 3 and 4,except as permitted under Proposed House Construction above,and Section 4)Danger Trees below,and Territory 1103 Nest 1. ii. No Harvest Zone on the shoreline of Thorndyke Estuary and Thorndyke Creek There will be no harvests(a)within 200 feet of the Ordinary High Water(OHW) level along the west shoreline of Thomdyke Creek downstream of Thomdyke County Road to tidewater and(b)within 200 feet of OHW along the western shoreline of the Thomdyke Estuary from Thomdyke Creek south to the proposed house site. b. PARTIAL HARVEST ZONE within a 400-to 800-foot buffer around nests On the Hood Canal side of Thomdyke County Road,at least 50 percent of greater than 12 inches dbh trees will be retained within buffers(from 400 to 800 feet in radius)around Territory 507 Nest Trees 3 and 4, and Territory 1103 Nest Tree 1 (Figure 2). To achieve the 50 percent retention requirement,trees will be retained according to the following precedence: Douglas-fir,grand fir,sitka spruce,western hemlock,and western red cedar. c. RETENTION ZONE of largest conifer along the shoreline Along the shoreline of Hood Canal in the Retention Zone,any future harvest shall retain 24 of the largest conifer trees(Figure 2). Retained trees may be either clumped or scattered throughout the zone. To the extent practicable,retained trees will be either grand fir or Douglas-fir. Prior to any future harvest,trees selected for retention will be located and tagged. All other trees may be harvested in conformance with Washington Department of Natural Resources(WDNR)and Jefferson County regulations. d. SENSITIVE ZONE No forest management activities are currently planned for the Sensitive Zone(Figure 2). Future activities. in this area shall require consultation with WDFW and may require an amendment of this plan or a new plan. 3) Provide supplemental screening trees along access road Twenty-four(24)healthy conifer trees shall be established along the existing access road to the house site to provide a future buffer between Nest 4 and the road and a previously proposed shed site(Figure 3). Seedling and/or sapling,including Douglas-fir,western hemlock,grand fir,and western red cedar,will be planted approximately 15 feet on center to screen Nest Tree 4. Additional trees may be planted as Thomdyke South Territory 1103 and Thomdyke October 1, 1999 Territory 507 Bald Eagle Management Plan Page 4 • practicable in the area of the formerly proposed shed. 4)Danger Trees Except for a tree that presents imminent danger to the safety or property of individuals,a report from a professional forester indicating the need to remove a danger tree shall be submitted to WDFW prior to cutting a tree within 300 feet of the house sites. Active nest trees are protected by separate state and federal statutes and may not be removed. DURATION OF PROTECTION This plan shall bind the landowner who signs it,but shall not bind future land owners unless they also sign it. This plan does not limit the right of the landowner to further develop and change land use of the property,provided that all legal requirements are first satisfied. Since bald eagles return to the same traditional use areas each year,the conditions of this plan shall apply to an occupied breeding territory indefinitely unless a breeding territory is unoccupied for five consecutive years. If a breeding territory is unoccupied for five consecutive years,then WDFW and ORM will review the plan and status of bald eagles in the region to determine if the plan should be either revised or terminated. If a territory is not occupied and no signs of incubating eggs are noted by May 1 of any given year,then further timing restrictions would not apply to that year. To make this determination,surveys shall be performed by a qualified wildlife biologist. If WDFW conducts a nest survey, information on the status of the nest will be provided to the landowner upon request. Please contact WDFW if the eagles change the location of their active nest. REVIEW AND AMENDMENT This plan will be subject to the following review and amendment procedures. The plan may be reviewed periodically by the WDFW or Olympic Resource Management 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 the terms. Any amendment shall only be effective if formally endorsed by both the WDFW and Olympic Resource Management. APPEAL PROCEDURE In addition to the provisions of WAC 232-12-292(7.1)-(7.3),the landowner may request a formal appeal of WDFW actions according to the Administrative Procedures Act,Chapter 34.05 RCW,and the Model Rules of Procedure,Chapter 10.087 WAC. Such a request shall be filed with WDFW within 20 days of receipt of the contested WDFW decision. The appeal request shall clearly state the relief sought and the grounds for the appeal. COMPLIANCE Failure to comply with this plan constitutes a misdemeanor as set forth in RCW 77.15.130. This plan applies only to the proposed land uses listed above. Any other proposals may be subject to different sets of conditions. It is the landowner's responsibility to notify WDFW of any new proposed land use activity. Thomdyke South Territory 1103 and Thomdyke October 1, 1999 Territory 507 Bald Eagle Management Plan Page 5 WASHINGTON DEPARTMENT OF FISH AND WILDLIFE Bald Eagle Site Management Agreement 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 Department of Fish and Wildlife agree to the conservation measures in the attached Site Management Plan Site Name Portions of Thorndyke Territory 507 and Thorndyke South Territory 1103 Location of Property Portions of Sections 13,24,25,&26 TWN 27N,RGE 1W, and Sections 18 and 19,TWN 27 N,RGE 1 E Thorndyke County Road,Toandos Peninsula Jefferson County,Washington The undersigned hereby agree to the terms of the Bald Eagle Management Plan. LANDOWNER STATE OF WASHINGTON DEPARTMENT OF FISH&WILDLIFE / Signature Signature D cif e_ Senior Vice President,Timberlands Regional b rtc or Title Title Thomas R.Gilkey Shelly Ament , arbUAL Printed Name Bald Eagle Biologist 2-/ I 1 °-\ /0A5h7 Date Date Olympic Resource Management on behalf of Pope Resources • P.O.Box 1780 P.O.Box 1933 Address Address Poulsbo,Washington,98370 Sequim,Washington,98382 City,State,Zip Code City,State,Zip Code Thomdyke South Territory 1103 and Thorndyke October 1, 1999 Territory 507 Bald Eagle Management Plan Page 6