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Draft Supplemental Environmental Impact Report Page IV.F-36 Forward Inc.Landfill 2018 Expansion Project 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. ' Tricolored Blackbird Suitable nesting habitat for this species does not occur on the project site,but it could nest in the ' riparian habitat associated with the North Branch of the South Fork of Littlejohn's creek. Participation in the SJMSCP affords the project proponent Incidental Take authorization for ' tricolored blackbird pursuant to CESA and CEQA. Nonetheless, as outlined in the SJMSCP65, the following incidental take avoidance measures shall be followed: • Prior to the initiation of ground clearing, grubbing,grading or excavation activities, scheduled to occur during the breeding season(i.e.,February 1 -August 31), preconstruction survey shall be performed by a qualified biologist. • A setback of 500 feet from nesting areas shall be established and maintained during the ' nesting season 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. ' Mitigation Measure F.Sb.Any observations of Swainson's hawk, Golden eagle,white-tailed ' kite,burrowing owl, loggerhead shrike and/or California horned lark during the falconry program shall be recorded and monitored by the falconer. If any interactions(i.e. chasing) between the trained falcons and Swainson's hawks or other special status bird species are observed, this shall be documented and reported to the USFWS Migratory Bird Treaty Office ' and CDFW within 48 hours of occurrence.Appropriate additional measures to avoid impacts to special status birds shall be determined through consultation with the USFWS Migratory Bird Treaty Office and CDFW. These mitigation measures would reduce potential impacts to the Swainson's hawk,Golden eagle,white-tailed kite,burrowing owl, loggerhead shrike, tricolored blackbird,and/or California horned lark to less than significant levels because impacts to nesting birds would be avoided. Impact F.6. Impacts to Migratory Bird Species. Pursuant to the MBTA, it is unlawful at any ' time,by any means or in any manner to pursue,hunt,take, capture,kill, attempt to take, capture, or kill any migratory bird, any part, nest,or eggs of any such bird is defined as "take". ' Construction-related activities could result in direct mortalities of bird species protected under the MBTA. This is a potentially significant impact. 65 SJMSCP Chapter 5.2.4.17