Bald Eagle vs. Black Dog: City Seeks Resolution

The City of Burnsville's Black Dog Bridge project has taken a strange detour: To rebuild the antiquated bridge on the city's north side, city officials must first get a permit showing they will accommodate residents nearby—in this case, the bald eagle.

Xcel Energy petitioned the city for a replacement of the aging bridge in April 2011, in anticipation of a major repowering project at its Black Dog Power Plant. In September, the council adopted a resolution recommending construction of a new, $588,000 concrete bridge to replace the old structure on Black Dog Road, which runs through part of the Minnesota Valley National Wildlife Refuge and has been closed since 2010 due to flooding. The bridge site is close to a bald eagle's nest.

The bald eagle is the only eagle species unique to North America. By the mid-20th century, the birds were all but decimated by clearing of virgin forests, overhunting and the use of DDT. In 1963, officials had counted only 487 breeding pairs in the lower 48 states. However, the birds' fortunes have improved steadily since the Environmental Protection Agency banned DDT in 1972. As of 2006, the U.S. Fish and Wildlife Services counted 9,789 nesting pairs of bald eagles in the contiguous United States.

Due to their remarkable rebound, bald eagles were taken off the endangered and threatened species list in 2007. Nevertheless, the birds are still protected under the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act of 1940, which prohibits "injury, displacement or death" of the birds or disturbance of their nests. The authors of the act defined "disturbance" broadly, encompassing everything from the removal of a nest to loud noises nearby.

Though it may seem trifling, noise and the bustle of human activity can disrupt eagles' life cycle, said Margaret Rheude, a wildlife biologist with the Bloomington office of U.S. Fish and Wildlife Services.

"Sometimes if there is road construction nearby, the breeding pair will abandon the nest and the chicks die," Rheude said. "A lot of birds will do that if they feel its an unsafe place to be. Our main concern is that the eagle population continues to increase, and that can't happen if you're not adding chicks." 

Anyone violating the Protection Act can be criminally prosecuted and fined $100,000 ($200,000 for organizations), imprisoned for one year, or both. However, it is permissible to kill, displace or disturb nesting bald eagles if granted a permit. The permit comes with a number of conditions: At Black Dog, construction crews will have to stay at least 660 feet away from the nest at all times, and the nest will be monitored for two full years after construction for signs of damage. 

The permitting process can take anywhere from a few weeks to months to conclude.

"We try to get people to the point where they don't need one. We suggest that they work when the eagles are not nesting, though sometimes that's not possible," Rheude said. "They have to demonstrate that they've avoided disturbing them as much as possible." 

The bald eagle permit is just one of many the city will need to begin work on Black Dog Road. Deb Garross, an official with the Planning Department, estimated the permitting process, in totality, would take nine months. The bridge itself comes with a two-month construction timeline.

Initially, the city set the bridge's completion for Aug. 1, but it's unclear when the city will break ground on the project. The city is still negotiating with Xcel about how much the company will kick in for the project, said Public Works Director Steve Albrecht.