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k _ ti ➢ <br /> y } Y <br /> Draft Environmental Impact Report Page II-28 <br /> Forward Inc. Landfill Expansion <br /> of 300 feet shall be established between the nesting site (which may be <br /> immediately adjacent to wetlands or extend up to 400 feet away from wetland <br /> areas in uplands)and the wetland located near the nesting site. These buffers <br /> shall be indicated by temporary fencing if construction has begun or will begin <br /> before nesting periods end (the period from egg laying to emergence of <br /> hatchlings is normally April to November). <br /> Impact H.S. Impacts to Mitigation Measure H.S. As specified in the SJMSCP, conduct preconstruction surveys Less than <br /> Special-status Bird and if applicable, implement suitable buffer zones for Swainsori s hawk, golden eagle, Significant <br /> Species white-tailed kite,burrowing owl,loggerhead shrike,northern harrier, and California <br /> horned lark. <br /> All SJMSCP Covered Bird Species are subject to the MBTA. The SJMSCP is based on the <br /> more stringent, federal standard for "take" pursuant to the FESA,which includes <br /> modification of habitat. Incidental Take Permits for SJMSCP-covered bird species are <br /> included in the SJMSCP, to allow for the conversion of habitat with appropriate creation <br /> of compensatory habitat for these species(SJCOG 2000). However,to conform to the <br /> MBTA,the Incidental Take Minimization Measures of the SJMSCP•may not result in a <br /> "take", as defined by the MBTA, of SJMSCP Covered Bird Species. The Incidental Take <br /> Minimization Measures in Section 5.2.4 of the SJMSCP have been designed to avoid <br /> such a "take". <br /> Swainson"s Hawk <br /> The Project Proponent has the option of retaining known or potential Swainson's hawk <br /> nest trees (i.e,, trees that hawks are known to have nested in within the past three years <br /> or trees, such as large oaks, which the hawks prefer for nesting) or removing the nest <br /> trees. <br /> If the Project Proponent elects to retain a nest tree, and in order to encourage tree <br /> retention, the following Incidental Take Minimization Measure shall be implemented <br /> during construction activities: If a nest tree becomes occupied during construction <br /> activities,then all construction activities shall remain a distance of two times the <br /> dripline of the tree, measured from the nest. If the Project Proponent elects to remove a <br /> nest tree,then nest trees may be removed between September 1 and February 15,when <br />