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Forward Inc. Landfill Expansion Project MMRP 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. • 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 SJMSCP',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 1 SJMSCP Chapter 5.2.4.21 Page 26