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Draft Environmental Impact Report Page IV.H-26 Forward Inc. Landfill Expansion Project As specified in section 5.2.4.17 of the SJMSCP, a setback of 500 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. Impact H.6. Impacts to Migratory Bird Species. Pursuant to the MBTA, it is unlawful at any time,by any means or in any manner to pursue, hunt,take, capture, kill, attempt to take, capture, or kill any migratory bird, any part,nest, or eggs of any such bird is defined as "take". Construction-related activities could result in direct mortalities of bird species protected under the MBTA. This is a potentially significant impact. Mitigation Measure H.6.Preconstruction surveys, consistent with the MBTA and the SJMSCP, shall be conducted for nesting birds during the nesting season(Feb. 15—September 1). Appropriate measures to avoid impacts to nesting birds shall be determined through consultation with the USFWS Migratory Bird Treaty Office and CDFG. Impact H.7. Temporary Impacts to Foraging Special-status Bat Species. Although no nocturnal or maternal roost sites of special-status bat species are known from the project vicinity, foraging by such species over the South Branch of the South Fork of Littlejohn's Creek is likely. Relocation of the South Branch of the South Fork of Littlejohn's Creek could result in a temporary reduction in foraging habitat and a disruption in foraging behavior by special-status bat species such as bat and Yuma myotis. However, abundant foraging habitat similar to that being affected is available in the immediate project vicinity. In addition, the proposed project,which includes the relocation and restoration of 3000 linear feet of South Branch of the South Fork of Littlejohn's Creek, is expected to result in a net increase in the quantity and quality of wetland habitat onsite, therefore increasing suitable foraging habitat for special-status bat species. This impact is considered less than significant. Mitigation Measure H.7. None required. Impact H.S. Loss of Approximately 185 Acres of Disturbed Land. The project would result in the loss of 185 acres of agricultural fields, nonnative annual grassland and ruderal vegetation, and freshwater emergent wetland within the channel bottom of Littlejohn's Creek. No trees are located on the project site, and no trees will be removed as part of the project. The project would replace these areas with an equivalent amount of capped land. The row and field crops and ruderal lands within the study area currently provide support foraging habitat for one federally listed species (Swainson's hawk) and several special-status bird species. The developed areas do not have habitat value for special-status wildlife species. The loss of the agricultural land foraging habitat for a listed species could impact Swainson's hawk. This is a potentially significant impact. Mitigation Measure H.S. The project shall comply with the SJMSCP mitigation requirements for the conversion of row and field crop lands (SJCOG 2000). Under the SJMSCP (2000), each acre of Swainson's hawk habitat (i.e., Agricultural Habitat Lands) converted to non-open space uses would be mitigated by the establishment of one acre of Row and Field Crop/Riparian Preserve (a 1:1 mitigation ratio). This would reduce this impact to a less than significant level. Impact H.9. Increase in Existing levels of Night Lighting. Night lighting will increase with the expanded site area. Especially during the winter months, the effects of increased night 1