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III. Environmental Setting, Impacts, and Mitigations F. Vegetation and Wildlife mitigation through contribution of funds to the development and preservation of a large area(s)providing foraging and breeding habitat for this species. Such a plan is preferrable, in that it provides a fair and consistent approach in achieving mitigation for such displacements and provides for effective management of this species on a regional level. This impact would be reduced to a less-than-significant level if Mitigation Measure F.3(b)is implemented,or if F.3(c)is implemented and plan participation meets the mitigation requirements of the CDFG. Impact FA. Implementation of the r ' p p proposed protect may result an the loss of a Swainson's hawk breeding territory and disturbance of nesting Swainson's hawks. (SIGNIFICANT) During ESA's biological field investigations,a nesting pair of Swainson's hawks was observed in a valley oak on the eastern boundary of the Brocchini property on April 4, 1991 (see Figure III.F.1). During subsequent field work,no additional nesting of this species was observed,although a total of thirteen potential raptor nests were identified in on-site trees (see Figure III.F.1). Additionally, Swainson's hawks were observed foraging over the Brocchini property and adjacent lands to the east on April 4, 1991,July 2, 1992,and March 19, 1993. Nesting on the site by this species during the 1993 breeding season has not been determined. Under current CDFG guidelines,disturbance within 1/2 mile of an active nest site may result in nest abandonment or forced fledging, and is therefore considered a significant impact(CDFG, 1992). This impact would also be considered significant under CEQA, as it would "substantially affect a rare or endangered species of animal or plant or the habitat of the species." Although the potential nest trees would not be directly impacted by landfill expansion with implementation of Mitigation Measure F.2(c),construction and operational activities associated with the proposed project may result in the hawk's abandonment of any on-site nest due to noise disturbances,placement of human activity in proximity to nest sites, and elimination of foraging habitat adjacent to these sites. Impacts which would result in such disturbance would be considered a"take" of this threatened species and would be a violation of CEQA and Sections 3503,3503.5, and 3800 of the California Fish and Game Code. Although no mitigation is available that would assure continued nesting on the site after project implementation,mitigation is focused on avoiding impacts to nesting individuals,retention of potential nest trees, establishment of additional potential nest trees,and compensating for loss of breeding habitat through proximate site enhancement and preservation as explained above under Impact F.3. HI.F.28