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v L Draft Supplemental Environmental Impact Report Page IV.F-28 Forward Inc. Landfill 2014 Expansion Project L White-tailed Kite White-tailed kite has been observed foraging in the project area and suitable nesting habitat is i► present in the immediate project vicinity. Participation in the SJMSCP affords the project proponent Incidental Take authorization for white-tailed kite in the form of habitat conversion provided the following Incidental Take Minimization Measures,-as outlined in the SJMSCp60, �. are followed: • Prior to the initiation of tree removals/pruning, ground clearing, grubbing, grading or bw excavation activities scheduled to occur during the nesting season (i.e., normally approximately February 15-September 15), a preconstruction survey shall be performed by a qualified biologist. • A setback of 100 feet from nesting areas shall be established and maintained during the 6.. 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- Burrowing Owl Although burrowing owls were not detected within the study area during biological surveys in 60 2005 and a follow up surveys in 2008, 2012, and 2014, some suitable habitat is present on site and in the project vicinity and the species could colonize the site in the future. Participation in the SJMSCP affords the project proponent Incidental Take authorization for burrowing owl pursuant to ESA, CESA and CEQA;this provides both for the taking of the species incidental to otherwise lawful activities as well as the conversion of suitable burrowing owl habitat to non- suitable habitat. Consistent with the measures outlined in the SJMSCP61 and CDFG 2012, the following impact minimization measures shall be followed: • Consistent with the protocols outlined by the CDFG (2012 Appendix D), a "Take Avoidance Survey" shall be performed by a qualified biologist(as defined in CDFG 2012, page 5)no less than 14 days prior to the initiation of ground disturbance. A final survey shall be conducted 24 hours prior to ground disturbance. • Ongoing rodent control measures at the landfill facility shall conform to the guidelines outlined in the SJMSCP,Appendix A62(see Impact F.10,below). • The Project Proponent may plant new vegetation or retain existing vegetation entirely covering the site at a height of approximately 36" above the ground. 60 Vegetation should be retained until construction begins;tall vegetation will discourage colonization of the site by burrowing owl. • Alternatively, if burrowing owls are not known or suspected on a project site and ;` the area is an unlikely occupation site for red-legged frog, San Joaquin kit fox or tiger salamander,the Project Proponent may disc or plow the entire project site to ` 60 SJMSCP Chapter 5.2.4.19 61 SJMSCP Chapter 5.2.4.15 62 USEPA 2000,cited in SJMSCP(Appendix A) t i r.. L