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Page 84 Swainson's hawks were observed foraging over the Brocchini property and adjacent lands to the east on April 4, 1991,July 2, 1992, and March 19, 1993. Swainson's hawks were observed flying over the project site during the site reconnaissance on September 23, 1999. No raptor nests were observed in.any of the oak nests,which may have been mistaken for raptor nests during earl er althoughtherewere several Large magpie i F Under current CDFG a guidelines,disturbance within 1/2 mile of an active nest site may result in nest abandonment or forced fledging,and is therefore considered a significant impact(City of Stockton 1994). These guidelines are consistent with the SJMSCP(San Joaquin Council of Governments, 1999). This R impact would also be considered significant under CEQA,as it would"substantially affect a rare or endangered species of animal or plant or the habitat or the species". Although the potential nest trees would not be directly impac implementation of Mitigation Meted by landfill expansion with asure B.2, construction and operational activities associated with the Proposed project may result in the hawk's abandonment of any on-site nest due to noise disturbances, placement of human activity in proximity ty to nest sties, and elimination of foraging habitat adjacent to these sites. Impacts which would result in such disturbances would be considered a "take" of this threatened species and would be a violation of CEQA and Sections 3503, 3503.5, and 3800 of the California Fish and Game Code. Although no mitigation is available that would assure continued nesting 1 on the site after project implementation, mitigation is focused on avoiding impacts to nesting individuals, retention of potentia] nest trees, establishment of additional potential nest trees, and compensating for loss of breeding habitat through proximate site enhancemcnt and preservation as explained above under { Impact F.3. s 1 Mitigation Measure FA. Identified by this EIR } (a) Preconstruction surveys for Swanson's hawks shall be conducted by the SJMSCP JPA. (b) Implement Mitigation Measures B.I (b-c): Planting of native tree species in association with the Wetland Mitigation and Monitoring Program and along the landfill perimeter and buffer area i would provide potential future nesting substrate for the Swainson's hawk,including after anticipated closure of the proposed landfill in 2045. (c) Implement Measure F.3(c),above to mitigate for habitat loss, k These mitt ations would reduce educe tlus impact to a less than significant level. Impact F.S. Implementation of the proposed project would remove approximately 219 acres of foraging habitat for the California horned lark,mountain plover,northern loggerhead shrike and F northern harrier. In addition, marginal nesting habitat is present on site for the California horned lark and Northern harrier. Northern harriers, a California Species'of Special Concern(CSC),were observed foraging on the CYA portion of the proposed project site during the April.1991 and March 1993 field reconnaissance,and again during the September 23, 1999 survey. Loggerhead shrike(CSC)also was observed on the CYA r property during the latter survey. The proposed project site may also provide foraging habitat for.the California horned lark (CSC),mountain plover(CSC), and northern loggerhead shrike e(FSC/CSC). However,nesting of these species was not observed on the site and is not expected given existing on-site F, GR 5 SETTI ENVIRONMENTAL.CONSULTING