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Vir Draft Environmental Impact Report Page IV.H-24 Forward Inc. Landfill Expansion Project within the South Branch of the South Fork of Littlejohn's Creek within the study area are unlikely to support western pond turtle, habitat elements for the species are present in other portions of Littlejohn's Creek, and these are hydrologically connected to the study area. If the species were present in the South Branch of the South Fork of Littlejohn's Creek during construction, a "take" of western pond turtle could occur. This is a potentially significant impact. In the long term, restoration of the South Branch of the Creek, proposed as part of this project, will enhance habitat for some semi-aquatic and riparian wildlife species, and may improve conditions for giant garter snake by creating more vegetative refugia for the species. Mitigation Measure H.4. Preconstruction surveys for western pond turtles shall be conducted within the project study area by a qualified biologist approved by the SJMSCP TAC. If the species 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. Avoidance and minimization measures may include the following, as specified by the SJMSCP TAC: 1) When nesting areas for pond turtles are identified on a project site, a buffer area of 300 feet shall be established between the nesting site (which may be immediately adjacent to wetlands or extend up to 400 feet away from wetland areas in uplands) and the wetland located near the nesting site. These buffers shall be indicated by temporary fencing if construction has begun or will begin before nesting periods end (the period from egg laying to emergence of hatchlings is normally April to November). Impact H.S. Impacts to Special-status Bird Species. Construction could adversely affect special status birds including Swainson's hawk, golden eagle, white-tailed kite,burrowing owl, loggerhead shrike, northern harrier, and California horned lark through loss of habitat. This is a potentially significant impact. Mitigation Measure H.S. As specified in the SJMSCP, conduct preconstruction surveys and if applicable, implement suitable buffer zones for Swainson's hawk, golden eagle,white-tailed kite, burrowing owl, loggerhead shrike, northern harrier, and California horned lark. All SJMSCP Covered Bird Species are subject to the MBIA. The SJMSCP is based on the more stringent, federal standard for "take" pursuant to the FESA,which includes modification of habitat. Incidental Take Permits for SJMSCP-covered bird species are included in the SJMSCP, to allow for the conversion of habitat with appropriate creation of compensatory habitat for these species (SJCOG 2000). However, to conform to the MBTA, the Incidental Take Minimization Measures of the SJMSCP may not result in a "take", as defined by the MBTA, of SJMSCP Covered Bird Species. The Incidental Take Minimization Measures in Section 5.2.4 of the SJMSCP have been designed to avoid such a "take". Swainson's Hawk The Project Proponent has the option of retaining known or potential Swainson's hawk nest j trees (i.e., trees that hawks are known to have nested in within the past three years or trees, such as large oaks, which the hawks prefer for nesting) or removing the nest trees. If the Project Proponent elects to retain a nest tree, and in order to encourage tree retention, the following Incidental Take Minimization Measure shall be implemented during construction activities: If a nest tree becomes occupied during construction activities, then all construction activities shall remain a distance of two times the dripline of the tree, measured from the nest. If the Project Proponent elects to remove a nest tree, then nest trees may be removed between September 1 and February 15, when the nests are unoccupied.