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Forward Inc. Landfill Expansion Project MMRP 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. ' Northern Harrier and California Horned Lark Although foraging northern harrier has been observed in the project vicinity and there is a potential for foraging by California horned lark,nesting by these species on site is considered unlikely due to the limited extent of grassland habitat. Participation in the SJMSCP affords the project proponent Incidental Take authorization for northern harrier and California horned lark pursuant to CESA and CEQA. Nonetheless, as outlined in the SJMSCP6,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. 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 SJMSCP', 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. ' 6 SJMSCP Chapter 5.2.4.17 SJMSCP Chapter 5.2.4.17 Page 29