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' Forward Inc. Landfill Expansion Project MMRP b) Restrict working areas, spoils and equipment storage and other project activities ' to areas outside of marshes,wetlands and ditches; and c) Maintain water quality and limit construction runoff into wetland areas through the use of hay bales,filter fences,vegetative buffer strips, or other accepted equivalents. 6. If on-site wetlands,irrigation ditches,marshes, etc. are being relocated in the vicinity: ' the newly created aquatic habitat shall be created and filled with water prior to dewatering and destroying the pre-existing aquatic habitat. In addition,non-predatory fish species that exist in the aquatic habitat and which are to be relocated shall be seined and transported to the new aquatic habitat as the old site is dewatered. 1 7. If wetlands, irrigation ditches,marshes, etc. will not be relocated in the vicinity,then the aquatic habitat shall be dewatered at least two weeks prior to commencing construction. 8. Pre-construction surveys for the giant garter snake(conducted after completion of environmental reviews and prior to ground disturbance)shall occur within 24 hours of ground disturbance. 9. Other provisions of the USFWS Standard Avoidance and Minimization Measures during Construction Activities in Giant Garter Snake Habitat shall be implemented ' (excluding programmatic mitigation ratios which are superseded by the SJMSCP's mitigation ratios). 78. (F.4)Identified in this SEIR: Participation in the SJMSCP affords the project proponent Incidental Take authorization for western pond turtle pursuant to ESA,CESA and CEQA. Nonetheless,to minimize the potential for incidental take of the species,preconstruction surveys for western pond turtles shall be conducted within the project study area by a qualified biologist approved by the SJMSCP TAC. ' If the species is detected,within the study area,the project shall undertake Incidental Take Avoidance and Minimization Measures to protect the species as directed by the TAC. Avoidance and minimization measures may include the following, as specified by the TAC: 1)When nesting areas for pond turtles are identified on a project site,a buffer area of 300 feet shall be established between the nesting site(which may be immediately adjacent to ' wetlands or extend up to 400 feet away from wetland areas in uplands)and the wetland located near the nesting site. These buffers shall be indicated by temporary fencing if construction has begun or will begin before nesting periods end(the period from egg laying to emergence of hatchlings is normally April to November). The buffer zones shall be maintained until the nesting season has ended. 79. (F.Sa.)Identified in this SEIR: ' 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 Page 25