Potter Valley eagles' nest to remain standing

Published: Jan. 17, 2022, 7:01 p.m.

January 17, 2022 \u2014 Neighbors and bird-watchers successfully faced down PG&E to defend a bald eagle\u2019s nest in Potter Valley last week. On Wednesday night, Tim Bray, a kzyx programmer and member of the Mendocino Coast Audubon Society, sent out an alert that PG&E planned to cut down the aging Ponderosa Pine that contains the nest, located on a road that runs parallel to the Eel River, not far from Van Arsdale Dam. Bald eagles are no longer on the endangered species list, though they are federally protected. \nPG&E biologists monitor the area extensively, as part of the licensing requirements for the Potter Valley Project, and their records show the nest has been used since 2011. It is common for bald eagles to build alternate nest sites, and according to PG&E, this pair last used its other nest in 2016. Locals, including Joseph West, a tenant on the property hosting the main nest, say it\u2019s been there for decades. \u201cLately, I\u2019ve been watching them for seven, eight days, bringing material into the nest,\u201d he reported on Thursday. \u201cI've seen the female sitting above it quite often, looking down into it. They\u2019ve definitely decided that this is where they want to spend their nesting season. They\u2019ve been using this tree, I\u2019d say three out of five years, for the past 25 years\u201d\nBut the tree is in decline and close to a distribution line, which PG&E argued posed an imminent fire threat. Joseph Seidell, another tenant on the property, reported the company for poaching. \u201cWe\u2019re in full belief that this is a nesting pair, there could be eggs in the nest, they haven\u2019t told us that there\u2019s not,\u201d he explained early Thursday. \u201cSo therefore I felt impelled to make a claim that these birds were going to be killed, or poached\u2026and I was able to call CalTip and report that PG&E was going to take this nest down.\u201d\nHe also hired an independent arborist who examined the tree and concluded that, while it does show signs of a beetle infestation, it shows no signs of structural deficiencies and is a good candidate for mitigations other than removal. \nEarlier this month, PG&E applied for and received an emergency permit from U.S. Fish and Wildlife to remove the tree before breeding season started on January 15.\nThe property owner, who did not want her name used, complained that the timeline to make a decision was unfair and she wanted to see the permit, which she never did.\nWest summed up much of the general feeling, saying, \u201cOur whole issue is, why did you wait for so long, and why now, that they\u2019re nesting, is this such a big deal?\u201d \nThe presence of the nest does constrain other tree work in the vicinity, according to PG&E spokeswoman Deanna Contreras. While all work is not prohibited, crews would have to use hand tools or low-decibel chainsaws. \u201cDuring nesting season, there are federal guidelines that we need to follow when it comes to bird activity in an area, yes,\u201d she confirmed.\nOn Thursday morning, a chipper crew and a PG&E biologist arrived with a printout of the email exchange between PG&E personnel and the U.S. Fish and Wildlife biologist, explaining why she agreed to grant the permit. Kate Marienchild, author of \u201cSecrets of the Oak Woodlands: Plants and Animals Among California\u2019s Oaks,\u201d was on hand with some friends.\nAs the chipper truck idled on the other side of the locked gate, Marienchild provided a naturalist\u2019s description of what happened next. \u201cI just saw an adult bald eagle land on a nest on a tall pine tree on the north side of the Eel River in Potter Valley, and perch on that nest for about five minutes, and then fly off,\u201d she reported, within moments of watching the eagle soar off toward the river. The crew turned around and drove off in the direction they came from, as Marienchild laughed and cheered.\nBut it wasn\u2019t Saturday yet. By 9:00 Friday morning, about 15 neighbors were on the scene to help the tenants block the gate. But crews never arrived. An outreach team, consisting of Contreras, an arborist, and the biologist, tried to persuade Seidell to open the gate, at one point saying that, if the tree remained standing, the company would cut the power. The tenants were unfazed. They have generators, backup generators, propane, and wood stoves. Also, Joseph West explained, \u201cI have an attorney who says that the facts are that PG&E can be sued heavily for turning power off after leaving it this late to do anything about this tree. And we have an arborist who says it\u2019s not an immediate threat anyway. An independent arborist. Not one of the tame PG&E ones.\u201d His brother Paul added that he believes, \u201cthat this is just their standard threat to have their way and get their tree service in here to cut the tree and to intimidate the residents.\u201d Seidell said he would rather not have to use a generator, but that the sacrifice was worth it.\nMarienchild was not on the scene that day, though a field representative from Senator Mike McGuire\u2019s office did make an appearance. Both Marienchild and Bray had come to terms ...