Endangered Birds Derail

Endangered Birds Derail $23 Million Electricity Project in Santa Clara, Calif.

San Jose Mercury News, Calif. - April 17, 2004

A $23 million project to bring more electricity to Santa Clara has been brought to a screeching halt. By a couple of kites in a tree.

And, no, not the Ben Franklin kind.

These kites -- an amorous couple of white-tailed kites -- are birds of prey that are protected by state and federal law. They have set up house in an Alviso tree on an open field off North First Street near Highway 237. And they are awaiting the arrival of three baby chicks.

Their very presence there, in a nest among the uppermost boughs of the tree, stopped Santa Clara Power's plans for digging part of a trench for an electric cable connection between San Jose and Santa Clara.

"Yes, this does put a little kink in the ol' project," said Mike Keller, the engineering manager for Santa Clara Power. He is overseeing the 4.5-mile above- and below-ground connection that will provide an extra 230 kilovolts of electric power to Santa Clara residents.

"We started getting e-mails about April 5, from our staff ornithologist saying kites had been spotted in the area," said Keller. "Then a couple of days ago we discovered the nest, which is a scary thing. Federal law protects those birds so I don't want anything bad to happen to them."

Now the construction gurus, who have been digging part of the 2.5-mile trench since November, have laid a 250-foot radius using pink-flagged spikes, around the nesting tree. They are also hatching new plans for working outside that circle for the next two months -- the time it takes for the chicks to do their own hatching and to learn to fly away.

"Terrific," said an executive from the Audubon society upon hearing that a construction team was steering clear of the elanus leucurus, also known as small hawks.

The non-migratory birds typically are 15 inches long but have a wingspan up to 42 inches. With their hollow bones, adults might weight only 12 ounces, which allows them to build nests in the highest, most precarious parts of trees, where predators can't go.

The birds are known to be monogamous and on Friday the loving couple at the Alviso site could be seen flying back and forth feathering their controversial nest, having no idea of the consternation they have caused below.

Santa Clara Power officials say the project will still be completed by December, and the delay will not increase the cost.

"The City of Santa Clara should be commended for doing the right thing," said Craig Breon, executive director of the Santa Clara Valley Audubon Society. The birds are protected by The Migratory Bird Treaty Act, a federal statute. Also, California Fish and Game codes protect nesting raptors -- birds of prey such as hawks, owls, falcons and kites.

"A lot of public and private construction projects simply ignore the laws," said Breon, an environmental attorney. "I'm glad to hear someone is protecting white-tailed kites. They are very beautiful birds, the kind we love to have around."

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