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Draft Supplemental Environmental Impact Report Page 11-38 <br /> Forward Inc.Landfill 2014 Expansion Project <br /> nests that are known to be occupied. Setbacks shall be marked by brightly <br /> colored temporary fencing. <br /> • These Incidental Take Minimization Measures are consistent with the <br /> provisions of the MBTA. <br /> Northern Harrier and California Horned Lark <br /> Although foraging northern harrier has been observed in the project vicinity and <br /> there is a potential for foraging by California horned lark, nesting by these species <br /> on site is considered unlikely. Participation in the SJMSCP affords the project <br /> proponent Incidental Take authorization for northern harrier and California horned <br /> lark pursuant to CESA and CEQA. Nonetheless, as outlined in the SJMSCP9, the <br /> following incidental take avoidance measures shall be followed: <br /> • Prior to the initiation of ground clearing, grubbing, grading or excavation <br /> activities, a scheduled to occur during the breeding season (i.e., February 1 - <br /> August 31), preconstruction survey shall be performed by a qualified <br /> biologist. <br /> • A setback of 500 feet from nesting areas shall be established and maintained <br /> during the nesting season for the period encompassing nest building and <br /> continuing until fledglings leave nests. This setback applies whenever <br /> construction or other ground-disturbing activities must begin during the <br /> nesting season in the presence of nests that are known to be occupied. <br /> Setbacks shall be marked by brightly colored temporary fencing. <br /> • These Incidental Take Minimization Measures are consistent with the <br /> provisions of the MBTA. <br /> Mitigation Measure H.Sb.Any observations of Swainson's hawk, Golden eagle, <br /> white-tailed kite,burrowing owl, loggerhead shrike and/or California horned lark <br /> during the falconry program shall be recorded and monitored by the falconer. If any <br /> interactions(i.e. chasing)between the trained falcons and Swainson's hawks or <br /> other special status bird species are observed, this shall be documented and reported <br /> to the USFWS Migratory Bird Treaty Office and CDFG within 48 hours of <br /> occurrence. Appropriate additional measures to avoid impacts to special status birds <br />