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Draft Supplemental Environmental Impact Report Page II-43 Forward Inc. Landfill 2018 Expansion Project 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. 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, a 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. Mitigation Measure H.Sb.Any observations of Swainsori 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 Swainsori 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. 6 SJMSCP Chapter 5.2.4.17