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i r r r - r r _ r - r- r r I r, 1 r r <br /> Draft Supplemental Environmental Impact Report Page 11-33 <br /> Forward Inc.Landfill 2014 Expansion Project <br /> Impact H.S. Impacts to Mitigation Measure H.Sa. Participation int e SJMSCP affords the project Less than <br /> Special-status Bird proponent Incidental Take authorization for these species,both for direct impacts Significant <br /> Species and loss of habitat.As specified in the SJMSCP, incidental take avoidance measures <br /> have been developed and must be implemented to conform to the SJMSCP;each <br /> species is discussed separately,below. <br /> All SJMSCP Covered Bird Species are subject to the MBTA. The SJMSCP is based on <br /> the more stringent, federal standard for"take"pursuant to the FESA,which includes <br /> modification of habitat. Incidental Take Permits for SJMSCP-covered bird species <br /> are included in the SJMSCP, to allow for the conversion of habitat with appropriate <br /> creation of compensatory habitat for these species(SJCOG 2000). However, to <br /> conform to the MBTA, the Incidental Take Minimization Measures of the SJMSCP <br /> may not result in a"take", as defined by the MBTA, of SJMSCP Covered Bird <br /> Species. The Incidental Take Minimization Measures in Section 5.2.4 of the SJMSCP <br /> have been designed to avoid such a "take". <br /> Swainson's Hawk <br /> Swainson's hawks have been observed in the project vicinity and potentially <br /> suitable nest sites are present adjacent to the project site. Participation in the SJMSCP <br /> affords the project proponent Incidental Take authorization for Swainson's hawk <br /> pursuant to ESA,CESA and CEQA. To conform to-the SJMSCP in regards to <br /> protecting potentially occurring nearby active nests,the following measures shall be <br /> followed: <br /> • Prior to the initiation of ground clearing, grubbing, grading or excavation <br /> activities, a scheduled to occur during the breeding season(February 16 <br /> through August 31), preconstruction survey shall be performed by a <br /> °SJMSCP Chapter 5.2.4.21 <br /> 5 SJMSCP Chapter 5.2.4.19 <br /> 6 SJMSCP Chapter 5.2.4.15 <br /> USEPA 2000,cited in SJMSCP(Appendix A) <br /> 8 SJMSCP Chapter 5.2.4.18 <br /> 9 SJMSCP Chapter 5.2.4.17 <br />