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Draft Supplemental Environmental Impact Report Page IV.F-32 Forward Inc. Landfill 2018 Expansion Project Mitigation Measure F.4. 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. These mitigation measures would reduce potential impacts to Pacific pond turtle to less than significant levels because impacts to pond turtles would be avoided or minimized. In addition, restoration of the realigned creek channel would provide at least equivalent habitat for western pond turtle. Impact F.S. Potential"Take"of Special-status Bird Species. Construction could adversely affect special-status birds including Swainson's hawk, golden eagle,tricolored blackbird, white- tailed kite,burrowing owl,loggerhead shrike, northern harrier, and California horned lark through direct and indirect impacts. To ameliorate the potential effects of project operations on air traffic safety,the services of a falconer are used to prevent the seasonal aggregation of gulls over the project site,which has potential to affect foraging or breeding behavior of special-status bird species. These impacts are potentially significant. Mitigation Measure F.5a. 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 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