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Draft Supplemental Environmental Impact Report Page IV.F-37 Forward Inc. Landfill 2018 Expansion Project 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. Mitigation Measure F.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. These mitigation measures would reduce potential impacts to the Swainsori s hawk, Golden eagle, white-tailed kite,burrowing owl,loggerhead shrike,tricolored blackbird, and/or California horned lark to less than significant levels because impacts to nesting birds would be avoided. Impact F.6. Impacts to Migratory Bird Species. Pursuant to the MBTA,it is unlawful at any time,by any means or in any manner to pursue,hunt,take, capture,kill, attempt to take, capture, or kill any migratory bird, any part,nest,or eggs of any such bird is defined as "take". Construction-related activities could result in direct mortalities of bird species protected under the MBTA. This is a potentially significant impact. The ongoing bird control program described in the Land Use section would continue under the proposed project for an additional six years. The program has demonstrated to be effective at deterring gulls from foraging on the site. The program includes measures to minimize conflict between the falcons and other bird species,including that falcons are trained to focus on gulls and that a falcon handler monitors the birds to minimize conflicts with non-target species. As evidenced by the recent Swainson's hawk nesting occurrence adjacent to the site, the bird control program has not excluded Swainson's hawks from nesting in the area. Further, as part of the bird control program,regular monitoring is conducted to determine if the gulls return to forage on the landfill, and the falcons are only used when required. Given the above, related impacts to migratory birds from continuing the ongoing bird control are considered to be less than significant. Mitigation Measure F.6.Preconstruction surveys, consistent with the MBTA and the SJMSCP, shall be conducted for nesting birds during the nesting season(i.e.,February 1—September 1). Appropriate measures to avoid impacts to nesting birds shall be determined through consultation with the USFWS Migratory Bird Treaty Office and CDFW. This mitigation measure would reduce these potential impacts to less than significant levels because impacts to nesting birds would be avoided. Impact F.7.Temporary Impacts to Foraging Special-status Bat Species. No active bat roosts are expected to occur within the project footprint. The project does not include the removal of trees,but a few buildings would be removed from the existing composting facility. However,