If it were me, I'd leave them alone.....at 40' high they are unlikely to bother you and there is not much chance anything will disturb the nest.
Anyone with a bee problem should be absolutely sure before you try to get rid of them that they are not HONEY BEE'S....the most beneficial insect on the planet. They resemble yellow jackets which are much more aggressive and feed on garbage and dead stuff. Honey bee's are after the pollen, so if they are on your flowers, they are probably honey bee's. If they are nesting in your home, get a professional to relocate them.
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