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Draft Supplemental Environmental Impact Report Page IV.A-7 Forward Inc. Landfill 2014 Expansion Project Airport Land Use Commission (ALUC) and 1993 Airport Land Use Plan (ALUP) San Joaquin County has designated the San Joaquin Council of Governments (SJCOG) to serve as the County Airport Land Use Commission (ALUC) in accordance with the Public Utilities Code (PUC section 21670.1). Under State law, each Commission must formulate an Airport Land Use Compatibility Plan(ALUP) that provides for the orderly growth of each public airport and the area surrounding the airport within the jurisdiction of the Commission, and safeguard the welfare of the inhabitants within the vicinity of the airport and the public in general (PUC section 21675 (a)). In formulating an ALUP, the ALUC may develop height restrictions on buildings, specify use of land, and determine building standards, including soundproofing adjacent to airports, within the Airport Influence Area. ALUP preparation shall be guided by the criteria set forth in the Airport Land Use Planning Handbook published by the California Division of Aeronautics of the Department of Transportation as well as by applicable federal aviation regulations,including part 77 of the Title 14 of the Code of Federal Regulations. The ALUP shall be reviewed as often as necessary in order to accomplish its purposes (PUC section 21675 (a)). In accordance with the provisions of the California Public Utilities Code an Airport Sphere of Influence Area has been designated for each public access airport in San Joaquin County. The two proposed expansion areas are located within the Airport Sphere of Influence Area, for the Stockton Metropolitan Airport as described in the 1993 Airport Land Use Plan for San Joaquin County. Specifically, the project areas are within the Conical Surface Zone for the Stockton Metropolitan Airport(see Figures IV.A-2A, IV.A-2B, and IV.A-2C: Stockton Metropolitan Airport Land Use Compatibility Zones). Land use restrictions applicable to the two proposed expansion areas state "Proposed dumps, landfills and waterways should be evaluated to ensure that they will not present a bird hazard to aircraft."' At the Forward Landfill,a pilot gull control program,using falconers with trained falcons to lure and chase gulls,was conducted between March 9, 2010 and April 14, 2010 (Davis, 2013; See Appendix D of the 2013 FEIR for a copy of this report). The pilot program was successful in reducing gulls at the landfill site;one gull was observed on March 10, 2010 by a consulting biologist who is independent of both the gull control consultant and the project sponsor. (Stagnaro, 2010;See Appendix D of the 2013 FEIR). After the end of the pilot gull control program, 44 and 65 gulls were observed on September 22 and 23,2010, respectively,by the _ independent third party consulting biologist. (Stagnaro,2011;See Appendix D of the 2013 EIR). As a result of the success of the pilot gull control, a permanent gull control program was initiated by Forward Landfill on September 27,2010. This program consists primarily of ..� falconry, and expanded on the pilot program discussed in the previous paragraph to include r use of bird flares, remote-controlled airplanes that resemble predatory birds, whistles, and other noisemakers to discourage birds. The program employs falcons directed by a falconer, -- supplemented by pyrotechnics to frighten gulls away when weather conditions make use of falcons difficult (e.g., foggy and stormy conditions). During an observation on December 2, 2010 by an independent third party consulting biologist, 18 gulls were observed approaching at a high elevation; the falconer flew one of his birds and the gulls left the area. Later on the same day, one gull scouted the area but left. The use of falcons is reported to have been fully effective;no gulls landed on or approach within close proximity to the site during a survey by an independent biologist conducted in December 2010. (Stagnaro, 2011;see Appendix D of the 2013 EIR). During the 2011-2012 winter season,no gulls were 'San Joaquin County Council of Governments,Airport Land Use Plan as Amended in 1993,August 24, 1993, page 23.