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incidental take minimization measures for Swainson's hawk (section 5.2.4.11, p. 5-37). As per the SJMSCP, "retained" Swainson's hawk nest trees that become occupied during construction activities shall have a construction exclusion buffer with a radius that is "two times the dripline of the tree, measured from the nest." WRA believes that this minimization measure applies to and is appropriate for the nest along Austin Road, for the following reasons: • The nest tree became occupied while standard landfill operations were occurring (e.g., daily depositing/consolidation of garbage at the active face, trucks and other equipment entering and exiting the site). These operations were and remain visible and audible from the nest tree. • Construction of a new landfill cell in southern WMU FU-13 will not increase the ambient acoustic/visual disturbance levels near the nest tree. Rather, it will simply shift them to the south while retaining a similar overall linear distance between these disturbances and the nest tree. • The nest tree is located directly adjacent to a busy road with habitual traffic (in both directions) including many large trucks, the vast majority of which are entering or exiting the landfill; the birds occupying the nest appear fully habituated to the immediate presence of these vehicles. Thus, WRA believes that cell construction (as well as the subsequent initiation of garbage deposition in southern WMU FU-13) will produce a disturbance regime that is similar to ongoing landfill operations, and an exclusion buffer of 50 feet (i.e., twice that of the maximum dripline of the tree) is proposed for the nest. This buffer is shown in Figure 1, and would remain in place until young in the nest have fledged (or the nest otherwise becomes inactive). If no follow-up surveys to determine nest status are conducted, the buffer should remain in place until September 1, 2014 (the end of the general breeding bird season, when all Swainson's hawk breeding activity should be concluded). WRA also recommends that landfill employees and others associated with operations maintain the maximum distance feasible from the nest while on foot or otherwise outside of vehicles, as the nesting birds are unlikely to be habituated to such an approach. Please do not hesitate to contact me if you would like additional information or have questions about any of these survey efforts and recommendations. Sincerely, Jason Yakich Wildlife Biologist Attachment: Figure 1 5