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Draft Environmental Impact Report Page II-29 Forward Inc. Landfill Expansion the nests are unoccupied. Golden Eagle The SJMSCP requires that when a site inspection indicates the presence of a nesting golden eagle,a setback of 500 feet from the nesting area shall be established and maintained during the nesting season(normally approximately February 1 -June 30) 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 MBIA as described and are consistent with the provisions of the BGEPA. White-tailed Kite As specified in section 5.2.4.19 of the SJMSCP, For white-tailed kites, preconstruction surveys shall investigate all potential white tailed kite nesting trees on the project site (e.g., especially tree tops 15-59 feet above the ground in oak, willow,eucalyptus, cottonwood,or other deciduous trees), during the nesting season(February 15 to September 15) whenever white-tailed kites are noted on site or within the vicinity of the project site during the nesting season. For the white-tailed kite, a setback of 100 feet from nesting areas shall be established and maintained during the 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. Burrowing Owl Burrowing owls were not been detected within the study area during biological surveys in 2005 and a follow up survey in 2008. As specified in section 5.2.4.15 of the SJMSCP, the following measures can be used to deter burrowing owls from occupying the project site: -` :aw UW .