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Draft Supplemental Environmental Impact Report Page IV.F-32 ' Forward Inc. Landfill 2018 Expansion Project These mitigation measures would reduce potential impacts to Pacific pond turtle to less than significant levels because impacts to pond turtles would be avoided or minimized. In addition, ' restoration of the realigned creek channel would provide at least equivalent habitat for western pond turtle. Impact F.S.Potential"Take"of Special-status Bird Species. Construction could adversely ' affect special-status birds including Swainson's hawk, golden eagle,tricolored blackbird,white- tailed kite,burrowing owl, loggerhead shrike,northern harrier,and California horned lark ' through direct and indirect impacts. To ameliorate the potential effects of project operations on air traffic safety, the services of a falconer are used to prevent the seasonal aggregation of gulls over the project site,which has potential to affect foraging or breeding behavior of special-status bird species. These impacts are potentially significant. Mitigation Measure F.5a. Participation in the SJMSCP affords the project proponent Incidental Take authorization for these species,both for direct impacts and loss of habitat. As specified in the SJMSCP,incidental take avoidance measures have been developed and must be implemented to conform to the SJMSCP;each species is discussed separately,below. ' All SJMSCP Covered Bird Species are subject to the MBTA. The SJMSCP is based on the more stringent, federal standard for"take"pursuant to the FESA,which includes modification of ' habitat. Incidental Take Permits for SJMSCP-covered bird species are included in the SJMSCP, to allow for the conversion of habitat with appropriate creation of compensatory habitat for these species(SJCOG 2000). However, to conform to the MBTA, the Incidental Take ' Minimization Measures of the SJMSCP may not result in a "take", as defined by the MBTA, of SJMSCP Covered Bird Species. The Incidental Take Minimization Measures in Section 5.2.4 of the SJMSCP have been designed to avoid such a "take". ' Swainson's Hawk Swainson's hawks have been observed in the project vicinity and there is a known nest site in an oak tree on Austin Road, approximately 200 feet from the landfill boundary. Potentially suitable nest sites are also present near to the project site,particularly along the North Branch of ' the South Fork of Littlejohn's Creek. The proposed project does not include the removal of any potential nest trees,but construction activities would occur in proximity to a known nest site and potential nest trees. Given the use of the site as a landfill and associated truck traffic and landfill operation activities,baseline noise conditions are high on the site. Initial construction ' activities (e.g., soil excavation)could temporarily elevate onsite noise levels,thus potentially affecting an active Swainson's hawk nest(should one occur within 500 feet of the construction zone). Participation in the SJMSCP affords the project proponent Incidental Take authorization for Swainson's hawk pursuant to ESA, CESA and CEQA.To conform to the SJMSCP in regards to protecting potentially occurring nearby active nests,the following measures shall be followed: • Prior to the initiation of ground clearing, grubbing, grading or excavation activities, scheduled to occur during the breeding season(February 16 through August 31), a preconstruction survey for Swainson's hawk nests shall be performed by a qualified ' biologist.