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Draft Environmental Impact Report Pale I V.H-23 Forward Inc. Landfill Expansion Project Mitigation Measure H.3. To avoid "take" of giant garter snake, the following measures shall be applied. These measures are consistent with the SJMSCP (SJCOG 2000). 1)A preconstruction survey for the species shall be conducted according to the requirements of the SJMSCP by a qualified biologist approved by the SJMSCP Technical Advisory Committee (TAC). If a giant garter snake is detected within the study area, the project will undertake Incidental Take Avoidance and Minimization Measures to protect the species as directed by the SJMSCP TAC. The project will also comply with any mitigation requirements specified for giant garter snake habitat by the SJMSCP TAC (SJCOG 2000). Avoidance and minimization measures may include the following, as specified by the SJMSCP TAC: 1. Construction shall occur during the active period for the snake,between May 1 and . October 1. Between October 2nd and April 30th, the JPA, with the concurrence of the Permitting Agencies' representatives on the TAC, shall determine if additional measures are necessary to minimize and avoid take. 2. Limit vegetation clearing within 200 feet of the banks of potential giant garter snake aquatic habitat to the minimal area necessary. 3. Confine the movement of heavy equipment within 200 feet of the banks of potential F, giant garter snake aquatic habitat to existing roadways to minimize habitat disturbance. 4. Prior to ground disturbance,all on-site construction personnel shall be given instruction regarding the presence of SJMSCP Covered Species and the importance of avoiding impacts to these species and their habitats. 5. In areas where wetlands,irrigation ditches, marsh areas or other potential giant garter snake habitats are being retained on the site: a. Install temporary fencing at the edge of the construction area and the adjacent wetland, marsh, or ditch; b. Restrict working areas, spoils and equipment storage and other project activities to areas outside of marshes,wetlands and ditches; and FM c. Maintain water quality and limit construction runoff into wetland areas through the use of hay bales, filter fences, vegetative buffer strips, or other accepted equivalents. 6. If on-site wetlands, irrigation ditches,marshes, etc. are being relocated in the vicinity: the newly created aquatic habitat shall be created and filled with water prior to f dewatering and destroying the pre-existing aquatic habitat. In addition,non-predatory fish species that exist in the aquatic habitat and which are to be relocated shall be seined and transported to the new aquatic habitat as the old site is dewatered. 7. If wetlands, irrigation ditches, marshes, etc. will not be relocated in the vicinity, then the aquatic habitat shall be dewatered at least two weeks prior to commencing construction. 8. Pre-construction surveys for the giant garter snake(conducted after completion of environmental reviews and prior to ground disturbance) shall occur within 24 hours of ground disturbance. 9. Other provisions of the USFWS Standard Avoidance and Minimization Measures during Construction Activities in Giant Garter Snake Habitat shall be implemented (excluding programmatic mitigation ratios which are superceded by the SJMSCP's mitigation ratios). Impact H.4. Potential"Take" of Western Pond Turtle. Though the lack of consistent flows