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Draft Supplemental Environmental Impact Report Page IV.F-33 Forward Inc. Landfill 2018 Expansion Project • If an occupied Swainson's hawk nest is detected, a setback of 500 feet from the nesting area shall be established and maintained during the nesting season for the period encompassing nest building and continuing until fledglings leave the nest. The setback distance may be smaller, subject to CDFW approval. Setbacks shall be marked by brightly colored temporary fencing. • If a nest tree becomes occupied during construction activities,then all construction activities shall remain a distance of two times the dripline of the tree,measured from the nest. These Incidental Take Minimization Measures are consistent with the provisions of the MBTA. ' Golden Eagle Although no suitable nesting sites for golden eagle are present onsite, potential nesting habitat ' occurs on adjacent properties. Participation in the SJMSCP affords the project proponent Incidental Take authorization for golden eagle pursuant to ESA,CESA and CEQA. As outlined in the SJMSCP59,when a site inspection indicates the presence of a nesting golden eagle, the ' following measures shall be followed: • Prior to the initiation of ground clearing, grubbing, grading or excavation activities, scheduled to occur during the nesting season(i.e., normally approximately February 1 - June 30),a preconstruction survey shall be performed by a qualified biologist. • If an occupied golden eagle nest is detected, a setback of 500 feet from the nesting area ' shall be established and maintained during the nesting season(i.e.,normally approximately February 1 -June 30)for the period encompassing nest building and continuing until fledglings leave nests. • This setback applies whenever construction or other ground disturbing activities must begin during the nesting season in the presence of nests that are known to be occupied. • Setbacks shall be marked by brightly colored temporary fencing. These Incidental Take Minimization Measures are consistent with the provisions of the MBTA as described and are consistent with the provisions of the BGEPA. White-tailed Kite White-tailed kite has been observed foraging in the project area and suitable nesting habitat is ' present in the immediate project vicinity. Participation in the SJMSCP affords the project proponent Incidental Take authorization for white-tailed kite in the form of habitat conversion provided the following Incidental Take Minimization Measures,-as outlined in the SJMSCP60, are followed: • Prior to the initiation of tree removals/pruning, ground clearing,grubbing, grading or excavation activities scheduled to occur during the nesting season(i.e.,normally ' approximately February 15—September 15), a preconstruction survey shall be performed by a qualified biologist. ' 59 SJMSCP Chapter 5.2.4.21 60 SJMSCP Chapter 5.2.4.19