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r Forward Inc. Landfill Expansion Project MMRP 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 rWhite-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 SJMSCP2, 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. • A setback of 100 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. Burrowing Owl Although burrowing owls were not detected within the study area during biological surveys in 2005 and a follow up surveys in 2008,2012,2014,and 2017,some suitable habitat could occur on the site and in the project vicinity and the species could colonize the site in the future. Participation in the SJMSCP affords the project proponent Incidental Take authorization for burrowing owl pursuant to ESA,CESA and CEQA;this provides both for the taking of the species incidental to otherwise lawful activities as well as the conversion of suitable burrowing owl habitat to non-suitable habitat. Consistent with the measures outlined in the SJMSCP' and ' CDFG 2012,the following impact minimization measures shall be followed: • Consistent with the protocols outlined by the CDFG(2012 Appendix D), a"Take Avoidance Survey"shall be performed by a qualified biologist(as defined in CDFG ' 2012,page 5)no less than 14 days prior to the initiation of ground disturbance. A final survey shall be conducted 24 hours prior to ground disturbance. ' 2 SJMSCP Chapter 5.2.4.19 s SJMSCP Chapter 5.2.4.15 1 Page 27